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[7] [8] Notably, Richard H. Helmholz, in a review of Common Good Constitutionalism, described it as "a serious contribution to some of the most pressing legal debates of our times." [9] Jack Goldsmith has praised Common Good Constitutionalism as "the most important book of American constitutional theory in many decades". [7]
[5] [6] It is for the common good because the end or telos of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. [4] It is made by the proper authority who has "care of the community", and not arbitrarily imposed by outsiders. It is promulgated so that the law can be known. He says:
Book XIX of this, the main locus of Augustine's normative political thought, is focused on the question, 'Is the good life social?' In other words, 'Is human wellbeing found in the good of the whole society, the common good?' Chapters 5–17 of Book XIX address this question. Augustine's emphatic answer is yes (see start of chap. 5).
The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.
Books of authority is a term used by legal writers to refer to a number of early legal textbooks that are excepted from the rule that textbooks (and all books other than statute or law report) are not treated as authorities by the courts of England and Wales and other common law jurisdictions. These books are treated by the courts as ...
At common law, the length of time was fixed at 21 years after the death of an identifiable person alive at the time the interest was created. This is often expressed as "lives in being plus twenty-one years". Under the common law rule, one does not look to whether an interest actually will vest more than 21 years after the lives in being.
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In the United States, a critique of the inherited English tradition of common law and an argument for systematic codification was championed by the United Irish exiles William Sampson (admitted to the New York bar in 1806), [10] [11] and William Duane publisher of the Jeffersonian paper, the Philadelphia Aurora. [12]