Too Good to be True: The Virtues and Vices of Common Good Constitutionalism

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This event will be held in a Hybrid format. Stanford Community* are invited to attend in person. Non-Stanford Community are invited to attend online only.
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Common-good constitutionalism purports to uncover the coherent, authoritative, and just foundation for constitutional government in America. It renders an important service by recovering an understanding of the classical legal tradition and showing the dependence of both the living-constitution school and originalism on opinions about justice that proponents of those schools of jurisprudence do not always forthrightly acknowledge. At the same time, common-good constitutionalism wrongly equates the common good with the highest good and, contrary to Madisonian constitutionalism, tends to encourage an invidious distinction between promoting the common good and securing individual rights.
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Peter Berkowitz Tad and Dianne Taube Senior Fellow, Hoover Institution Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. In 2019-2021, he served as the Director of the State Department’s Policy Planning Staff, executive secretary of the department’s Commission on Unalienable Rights, and senior adviser to the Secretary of State. He is a 2017 winner of the Bradley Prize. At Hoover, he is a member of the Military History/Contemporary Conflict Working Group. In addition, he serves as dean of studies for the Public Interest Fellowship, and teaches for the Tikvah Fund in the United States and in Israel. To view full bio, here. |