Flourishing, Virtue, and Common Good Constitutionalism

Solum articulates a conception of the common good that is grounded in a virtue-centered conception of human flourishing. Humans are rational and social creatures, and therefore, flourishing for humans consists in rational and social activities that express the human excellence or virtues. The common...

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Bibliographic Details
Published in:Harvard journal of law and public policy 2023-09, Vol.46 (3), p.1149-1175
Main Author: Solum, Lawrence B
Format: Article
Language:English
Subjects:
Analysis
Common good
Constitutional law
Constitutionalism
Educational systems
Evaluation
Happiness
Human nature
Influence
Jurisprudence
Legislation
Morality
Recreation
Vermeule, Adrian
Virtue ethics
Vitality
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Summary:Solum articulates a conception of the common good that is grounded in a virtue-centered conception of human flourishing. Humans are rational and social creatures, and therefore, flourishing for humans consists in rational and social activities that express the human excellence or virtues. The common good requires communities that facilitate human flourishing in three ways: by creating the preconditions for human flourishing, including peace, health, and prosperity; by fostering the development of the human virtues through sustaining nurturing families and virtue-centered systems of education; and by providing opportunities for rational and social activities in the form of meaningful work and recreation. This virtue-centered conception of the common good has important implications for both legislation and constitutionalism. Constitutions should be designed to encourage legislation for the common good and the selection of virtuous officials, including judges.
ISSN:0193-4872
2374-6572