the common good versus the public good

Adrian Vermeule's philosophy of the common good versus the American Constitution's philosophy of the public goodhttps://t.co/j7F4ZZdmtH

— Jack Balkin (@jackbalkin) April 3, 2020

へええ、違うんかいな。

Adrian's "common good" is a concept derived from Catholic political thought. It is based on a philosophical and religious theory of what human beings are like and their correct relationship to God and the Church. It involves particular substantive commitments about what is good for human beings as human beings living in communities under the divine order.

These substantive commitments, as articulated by the Church, can be quite specific. One might argue, for example, that many centuries of religious tradition and philosophical argument have shown us why certain forms of hierarchy and inequality, and certain restrictions on personal liberty (including especially sexuality) are necessary to achieve the common good.


The liberal republican tradition of the founders, by contrast, argues that the point of the state is to promote the public good. That is why it is a republican tradition. But the nature of the public good is not preordained. It is something to be worked out in and through politics itself, and the contest over what is in the public good must be circumscribed by guarantees of liberty and equality. That is why it is a liberal (and democratic) tradition.


Because people will disagree about what serves the public good, and because they will tend to think that what benefits them also benefits the public good, a wise constitution sets up checks and balances, and limitations on the exercise of political power. It secures rights and liberties because they are valuable to life in ordinary times, and necessary to life in extraordinary times when the political system is under the greatest strain.


The liberal republican tradition, which is the tradition of the American Constitution, begs to differ. It argues that the lesson of history is quite different: Giving people unchecked power to pursue their vision of the good, no matter how pious, without the structures and commitments of a liberal republican constitution, produces something that is all too common in the long history of political domination, but is hardly good.

なるほどねえ。

　common good 共通善は、キリスト教のおえらいさんが、これが共通善やで、おまいら、実現するよう頑張れや、というわけだね。

　他方、public good　公共善は、公共の善がなんであるか、既定のものはない。これが公共善だ！という　「これ」を政治の過程のなかで、自由、平等が保証された人々が話し合い、競争しあって決めていくわけだね。

　自由と平等が保証されるのは、それらが、平時でも貴重なものだし、非常時には必須のものだから。

　そして、政治的権力者の都合のいいものを公共善と決めつけられても困るので、権力間に抑制と均衡をもたせるんだ、と。

ーーー例えばの話、今回のコロナ危機にひきつけて考えてみれば、医療制度の確保は公共善かどうか、公共善として、どの程度我々は投資すべきか、というのを、政治の過程で決定していくシステムがあるか、どうか、だね。