Common Good Law

[Skull]

A "new" legal approach in 2022 book: Common Good Constitutionalism by Adrian Vermeule.

"American public law suffers from a terrible amnesia. Putting aside the work of a few legal historians and other specialists, our law has all but lost the memory of its own origins and formative influences in the classical legal tradition.
The consequence of this amnesia is that our public law now oscillates restlessly and unhappily between two dominant approaches, progressivism and originalism, both of which distort the true nature of law and betray our own legal traditions. Against both camps, I argue for a view I will call common good constitutionalism. On this view, the classical tradition should be explicitly recovered and adapted as the matrix within which American judges read our Constitution, our statutes, and our administrative law.
The centerpiece of the classical legal tradition is that law should be seen as a reasoned ordering to the common good, the art of goodness and fairness."

 

[sealybobo]

A "new" legal approach in 2022 book: Common Good Constitutionalism by Adrian Vermeule.

"American public law suffers from a terrible amnesia. Putting aside the work of a few legal historians and other specialists, our law has all but lost the memory of its own origins and formative influences in the classical legal tradition.
The consequence of this amnesia is that our public law now oscillates restlessly and unhappily between two dominant approaches, progressivism and originalism, both of which distort the true nature of law and betray our own legal traditions. Against both camps, I argue for a view I will call common good constitutionalism. On this view, the classical tradition should be explicitly recovered and adapted as the matrix within which American judges read our Constitution, our statutes, and our administrative law.
The centerpiece of the classical legal tradition is that law should be seen as a reasoned ordering to the common good, the art of goodness and fairness."

Let's use the two cases. Kyle Rittenhouse, who was okay to take a gun to a blm protest and even got away with shooting people who supposedly attacked him. Or were they in fear of their lives and trying to take a gun away from a nut?

Compared that to the guy who Governor Greg Abbott pardoned after he was found guilty of murder after shooting an armed BLM protester who was simply walking towards his car. Legally carrying a gun.

But the right winger said he was afraid for his life so he shot the guy legally carrying a gun around.

How come the constitution doesn't help here?

 

[1srelluc]

Common good is a double-edged sword.

Texas can take your land under eminent domain and sell it to a 3rd party for the "common good".

Where did you think all those TX energy moguls got the land for solar/wind farms and transmission lines?

There is very little public (state-owned) land in TX.

 

[sealybobo]

Common good is a double-edged sword.

Texas can take your land under eminent domain and sell it to a 3rd party for the "common good".

Where did you think all those TX energy moguls got the land for solar/wind farms and transmission lines?

There is very little public (state-owned) land in TX.

I have heard we just give the land away to the oil companies and get little in return. The politicians get something for it. Big fat donations. But We the People get dick. And oil companies are sitting on thousands upon thousands of acres of land that has oil on it. So really no reason to give them anymore. And if they wanted they could already be drill baby drilling.

 

[1srelluc]

I have heard we just give the land away to the oil companies and get little in return. The politicians get something for it. Big fat donations. But We the People get dick. And oil companies are sitting on thousands upon thousands of acres of land that has oil on it. So really no reason to give them anymore. And if they wanted they could already be drill baby drilling.

When SCOTUS ruled a state (according to the state laws) could do that dozens of states amended their laws to prevent it.....Virginia was one of them....TX was not.

 

[PeterPilot]

Let's use the two cases. Kyle Rittenhouse, who was okay to take a gun to a blm protest and even got away with shooting people who supposedly attacked him. Or were they in fear of their lives and trying to take a gun away from a nut?

Compared that to the guy who Governor Greg Abbott pardoned after he was found guilty of murder after shooting an armed BLM protester who was simply walking towards his car. Legally carrying a gun.

But the right winger said he was afraid for his life so he shot the guy legally carrying a gun around.

How come the constitution doesn't help here?

The Constitution DOES help in both those cases, if only in spirit and not necessarily in letter, but the trouble is that the humans administering the law have failed as humans do.

 

[Zincwarrior]

Common good is a double-edged sword.

Texas can take your land under eminent domain and sell it to a 3rd party for the "common good".

Where did you think all those TX energy moguls got the land for solar/wind farms and transmission lines?

There is very little public (state-owned) land in TX.

And pipelines. Those are the ones that go boom.