The Common Good of Constitutional Democracy offers a rich collection of essays in political philosophy by Swiss philosopher Martin Rhonheimer. Like his other books in both ethical theory and applied ethics, which have recently been published in English, the essays included are distinguished by the philosophical rigor and meticulous attention to the primary and secondary literature of the various topics discussed

Constitutional democracy addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism. It is these theses that János Kis examines and tries to refute. Making the assumption that the alleged conflict is to be resolved at the level of institutions, he outlines a new theory of constitutional democracy. A wide range of problems encountered in constitutional democracy are discussed, such as the popular vote, popular sovereignty, and non-elected justices. The volume is composed of three parts. Part One, "Public Good and Civic Virtue", revisits the debate between liberals and democrats on how to interpret the democratic vote. In Part Two, "Liberal Democracy", the author proves that on the level of principles there is no incompatibility between liberalism and democracy and that liberal theory can demonstrate that democratic values follow from fundamental liberal values. In Part Three, "Constitutional Adjudication in a Democracy", the compatibility of democracy and judicial or constitutional review is analyzed and a theory of constitutionalism is outlined. This volume appeals to scholars in political philosophy, political science, and constitutional law, but is also recommended to all those interested in liberal and democratic theory, and the transition to democracy in Central and Eastern Europe.

This first of two volumes introduces the tradition of social Catholicism, not only in its earlier realizations, but regarding how a contemporary renewal might address the crisis in which constitutional democracies and the postwar liberal order are under assault by populist and even neo-fascist movements that could soon usher in a frighteningly dark future unless a broad movement in defense of constitutional democracy quickly arises. In this context, some of the most influential voices among American Catholics are focused on criticizing “liberal democracy,” on advocating a “postliberal order” and the establishment of a Catholic “integralist” state, or on insisting that abortion should be the primary sociopolitical concern for Catholics, treating these threats to democracy as largely irrelevant. This volume shows the rich tradition of social Catholicism, and how the Social Doctrine of the Church came to appreciate the key tenets of constitutional democracy. As Pope Benedict XVI wrote, this social doctrine leads us to “take a stand for the common good,” to take the “institutional” or “political path of charity,” to be “solicitous for” the “institutions that give structure to the life of society, juridically, civilly, politically and culturally.” It engages some of the most influential contemporary Catholic thinkers and argues that they too should recognize the grave threats facing the human family and join in working to defend and renew our constitutional democracy.

Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.

This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Winner of the 2017 Choice Outstanding Academic Title Award Public theology has emerged in the twentieth and twenty-first centuries as theologians have increasingly entered the public square to engage complex issues. This Companion to Public Theology brings a much-needed resource to this relatively new field. The essays contained here bring a robust and relevant faith perspective to a wide range of issues as well as foundational biblical and theological perspectives which equip theologians to enter into public dialogue. Public theology has never been more needed in public discourse, whether local or global. In conversation across disciplines its contribution to the construction of just policies is apparent in this volume, as scholars examine the areas of political, social and economic spheres as well as issues of ethics and civil societies, and draw on contexts from six continents. Contributors are: Chris Baker, Andrew Bradstock, Luke Bretherton, Lisa Sowle Cahill, Letitia M. Campbell, Cláudio Carvalhaes, Katie Day, Frits de Lange, Jolyon Mitchell, Elaine Graham, Paul Hanson, Nico Koopman, Sebastian Kim, Esther McIntosh, Clive Pearson, Scott Paeth, Larry L. Rasmussen, Hilary Russell, Nicholas Sagovsky, Dirk J. Smit, William Storrar, David Tombs, Rudolf von Sinner, Jenny Anne Wright, and Yvonne Zimmerman.

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

"This book makes a very ambitious proposal. The proposal is that Catholic social thought can contribute significantly to revivifying the American experiment in liberal democracy. That there is a need, and urgent need, for such a revival is today widely recognized by thinkers across the political and philosophical spectrum. Some of the essays here are polemical and others apologetic, but the book taken all in all is a proposal. As such, it must make its case sometimes in conversation with and sometimes against other proposals that are advanced in the public square of democratic discourse." [Foreword].

Recent economic development and the financial and economic crisis require a change in our approach to business and finance. This book combines theology, economy and philosophy in order to examine in detail the idea that the functioning of a free market economy depends upon sound cultural and ethical foundations. The free market is a cultural achievement, not only an economic phenomenon subject to technical rules of trade and exchange. It is an achievement which lives by and depends upon the values and virtues shared by the majority of those who engage in economic activity. It is these values and virtues that we refer to as culture. Trust, credibility, loyalty, diligence, and entrepreneurship are the values inherent in commercial rules and law. But beyond law, there is also the need for ethical convictions and for global solidarity with developing countries. This book offers new ideas for future sustainable development and responds to an increasing need for a new sense of responsibility for the common good in societal institutions and good leadership.

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