In Constitutional Goods, Alan Brudner distills the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states, and argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest a Hegelian conception of public reason within which each framework is contained as a constituent element of a whole.
When viewed in this light, the liberal constitution embodies a surprising synthesis. It reconciles a commitment to individual liberty and freedom of conscience with the perfectionist idea that the state ought to cultivate a type of personality whose fundamental ends are the goods essential to dignity. Such a reconciliation, the author suggests, may attract competing liberalisms to a consensus on an inclusive conception of public reason under which political authority is validated for those who share a confidence in the individual's inviolable worth.
`Addressing fundamental issues in public law, it also engages with a host of questions in political philosophy and is not afraid to develop a sweeping and original line of argument that challenges current orthodoxy'
N. E. Simmonds, The Cambridge Law Journal
Introduction: The Aim of Constitutional Theory
Part One: Liberty
1: The Libertarian Conception of the Public
2: Constitutional Principles: Civil Rights
3: Constitutional Principles: Political Rights
Part Two: Equality
4: The Egalitarian Principle of Fundamental Justice
5: Self-Authorship and Substantive Justice
6: Self-Rule and Procedural Justice
7: Social and Economic Rights
Part Three: Community
8: Hegel's Idea of Sittlichkeit
9: Sex, Family, and Self-Authorship
10: The Liberal Duty to Recognize Cultures
Number Of Pages: 464
Published: 1st October 2004
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.2 x 16.5
Weight (kg): 0.83