in Johan van der Walt & Jeffrey Ellsworth, Constitutional Sovereignty and Social Solidarity in Europe (Germany: Nomos, 2015) 139-164
Abstract: Does it make any sense to talk about a common good in modern large-scale capitalist societies? On the other hand, does it make any sense not to talk about a common good in such societies? This is our dichotomy. The idea of law being an instrument and expression of the common good is an ancient and influential one in the western legal tradition. Yet it seems to have become jaded, if not suspect. This chapter analyses different meanings of the common good, its legal connotations, and the competing reasons of the common good, its legal connotations, and the competing reasons for its valorization or decline . It considers these further in the context of the European Union and contemporary processes of legal integration in order to shed some light on that dichotomy which arguably exists at the heart of the European political and constitutional project.