Work

"Common Good Constitutionalism": Rule of Law, Rule By Law, Or Something Else Entirely?

Year: 2025
Type: article
Abstract: 4. Kevin Vallier observes that "Vermeule fused his intelligence, cleverness, and high social status into a fierce digital personality"; he also, according to Vallier, combined "a rapier wit with a national reputation for blocking people by the thousands."Vallier adds that "integralism began as a movement for spiritual renewal, but today it labors under the yoke of a digital clique in search of political power."KEVIN VALLIER, All the Kingdoms of the World: On Radical Religious Alternatives to Liberalism 15, 17 (2023).See also Micah Schwartzman & Jocelyn Wilson, The Unreasonableness of Catholic Integralism, 56 San Diego L. Rev. 1039 (2019) (providing a critique from a Rawlsian perspective).It is important to note that integralism and postliberalism are not the same thing: most integralists would describe themselves as postliberals, but plenty of postliberals would refuse integralism.5. Conor Casey & Adrian Vermeule, Myths of Common Good Constitutionalism 45 Harvard J. L & Pub.Pol'y 103 (2022).6. PATRICK DENEEN, Regime Change: Toward a Postliberal Future (2023) (endorsing common good constitutionalism without really exploring the idea in any depth).US postliberalism is not to be confused with the postliberalism that originated in the UK and remains associated with John Milbank's Radical Orthodoxy, although the two are sometimes run together and even said to "constitute a coherent Anglo-American tradition of thought."See Stefan Borg, In Search of the Common Good: The Postliberal Project Left and Right 27 Eur.J. Soc.Theory, 3, 5 (2024).Vermeule situates himself in this larger development, erasing some of the relevant distinctions and slipping in a mandate for spiritual guidance by the state which many of the thinkers he mentions may well reject entirely: "The New Right isn't identical with Trumpism, and it is internally diverse and to some degree conflicted; it includes strands such as so-called national conservatism, a traditionalist Red Toryism or Blue Labourism and political Catholicism.These sub-movements often disagree, but they broadly converge on the ideas that government isn't the only possible enemy; that 'private' corporate power, tech monopolies, banks engaged in ideological policing of financial access, woke universities, and other nongovernmental bodies are at least as worrisome as overweening state power; that widespread impoverishment, immiseration, family breakdown, sexual adventurism, overdosing, environmental degradation, and spiritual anomie might be problematic, and that public action can do something about these crises; and generally that public authority is right and just when devoted to the common good, the classical conception of the proper purpose of government.This last strand of thought has become so pronounced that many now refer to 'common-good conservatism'."Adrian Vermeule, Against Right Liberalism, Compact (Mar.22, 2022) https://www.compactmag.com/article/against-right-liberalism/[https://perma.cc/R4E4-3GJW].7. I am not the first to suggest that one needs to analyze multiple levels of CGC.See, e.g., Kevin C. Walsh, Multiple Levels in Common Good Constitutionalism, MIRROR OF JUSTICE (May 27, 2022), https://mirrorofjustice.blogs.com/mirrorofjustice/2022/05/multiple-levels-in-common-good-constitutionalism.html
Author: Müller, Jan-Werner
Language: English
Open Access status: green
OpenAlex ID: W7055563610
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