The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

The Common Good and Christian Ethics rethinks the ancient tradition of the common good in a way that addresses contemporary social divisions, both urban and global. David Hollenbach draws on social analysis, moral philosophy, and theological ethics to chart new directions in both urban life and global society. He argues that the division between the middle class and the poor in major cities and the challenges of globalisation require a new commitment to the common good and that both believers and secular people must move towards new forms of solidarity.

In pursuit of fairness at any cost, we have created a society paralyzed by legal fear: Doctors are paranoid and principals powerless. Little league coaches, scared of liability, stop volunteering. Schools and hospitals start to crumble. The common good fades, replaced by a cacophony of people claiming their “individual rights.” By turns funny and infuriating, this startling book dissects the dogmas of fairness that allow self-interested individuals to bully the rest of society. Philip K. Howard explains how, trying to honor individual rights, we removed the authority needed to maintain a free society. Teachers don’t even have authority to maintain order in the classroom. With no one in charge, the safe course is to avoid any possible risk. Seesaws and diving boards are removed. Ridiculous warning labels litter the American landscape: “Caution: Contents Are Hot.” Striving to protect “individual rights,” we ended up losing much of our freedom. When almost any decision that someone disagrees with is a possible lawsuit, no one knows where he stands. A huge monument to the unknown plaintiff looms high above America, casting a dark shadow across our daily choices. Today, in the land of free speech, you’d have to be a fool to say what you really think. This provocative book not only attacks the sacred cows of political correctness, but takes a breathtakingly bold stand on how to reinvigorate our common good. Only by restoring personal authority can schools begin to work again. Only by judges and legislatures taking back the authority to decide who can sue for what can doctors feel comfortable using their best judgment and American be liberated to say and do what they know is right. Lucid, honest, and hard hitting, The Collapse of the Common Good shows how Americans can bring back freedom and common sense to a society disabled by lawyers and legal fear.

In this book, Amitai Etzioni, public intellectual and leading proponent of communitarian values, defends the view that no society can flourish without a shared obligation to "the common good." Rejecting claims made by some liberal thinkers that it is not possible to balance individual rights with uncoerced civic responsibility, Etzioni explores a number of key issues which pose important questions for those concerned with promoting the common good in contemporary society. Are we morally obliged to do more for our communities beyond treating everyone as endowed with basic rights? Should privacy be regarded not merely as a right but also as an obligation? And should the right to free speech take priority over the need to protect children from harmful material in the media and on the internet? Etzioni asks how we can strike a healthy balance between individual rights and public safety in an age of global terrorism. He evaluates various new government devices, from wiretaps to viruses, which open our lives to public scrutiny. Particular attention is given to the issues surrounding government-issued DNA tests. The book concludes by questioning whether we can still talk of a relationship between the common good and the nation-state, or whether the "online" society in which we live will make it increasingly difficult to maintain those communities which are the very homeland of the common good. This new book, by one of the world's leading social and political thinkers, will be important reading for students and scholars of political science, social philosophy, sociology, and public policy, as well as for the interested general reader.