Common Good Constitutionalism Flashcards
Underlying jurisprudence
Natural Law
Law looks ____ at the basic good of human nature
Inward
Puts heavy emphasis on ____ & _____
Final cause & formal cause
“We the _____”
“We the People of all time”
How should human nature be understood?
As universal, unchanging, & open to transcendence
Judge’s rudder:
ius gentium/natural law understood by right reason & perfected by faith
Ultimately based on:
Emotional preferences & value judgments common to the Founding Generation of the American Republic
Are the emotional preferences & value judgments of today relevant?
No, they are irrelevant as are considerations of the basic inclinations/goods of common nature
Consensus on the plain meaning of the text:
Provides a fixed objective foundation for human law from the immanent perspective of legal positivism favoring human heteronomy
