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CONTENTS
1 Cover
6 Introduction: The Return of the Classical Legal Tradition Rational Ordering for the Common Good An Interpretive Argument The Common Good Defined The Role of Prudence Determination – Of the Constitution and Within the Constitution General and Particular Claims Courts and the Common Good Abuse of Power? The Common Good and “the Common Good” Competitors to the Classical Tradition Vices and Virtues Shibboleths Dispelled Plan of the Book Scope and Ambitions Notes
7 1 The Common Good Defined Antonyms of the Common Good The Positive Common Good in Politics and Law The Common Good in Law A Framework, Not a Blueprint Common Good Constitutionalism Moral Readings of the Constitution Who Decides? A Note on “Democracy” The Constitution of Risk and “Abuse of Power” Notes
8 2 The Classical Legal Tradition in America American Law as Classical Law: An Overview Lochner v. New York Riggs v. Palmer Curtiss-Wright and the Ius Gentium The Classical Tradition as Our Law Notes
9 3 Originalism as Illusion Context of Discovery Context of Justification Dworkin’s Critique Living Originalism Examples Hybrid Views Notes
10 4 Progressive Constitutionalism and Developing Constitutionalism The Liturgy of Progressive Constitutionalism: Obergefell and Its Aftermath Instrumentalized Law Developing Constitutionalism Newman and the Development of Doctrine A Model Opinion Human Rights Without Progressivism: A Model Declaration An Anti-Model Notes
11 5 Applications A. The Administrative State: The Living Voice of the Law B. Subsidiarity and Solidarity: “A Giant’s Strength” C. Rights and the Common Good Notes
12 Conclusion Notes
Guide
1 Cover
4 Epigraph