Andrew Ferguson, Common Good Law

Western Philosophies of Law: the Common Law

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

good faith in iranian law

good faith is a flexible and subjective phrase. it is used in a variety of contexts and its meaning varies in these contexts. in ownership, possession in good faith means possession of property by a person who in good faith does not know that the property's ownership is disputed. possessor believes actually and reasonably himself or herself to be the lawful occupant, otherwise he is in bad...

good faith in contracts: from theory to practice a comparative study in common law

the good faith and fair dealing jurisprudence in contracts has due influences not only in civil law but also in common law, particularly in united states: in uniform commercial code (ucc), restatement 2nd on contracts and it’s judicial precedent. meanwhile the definitions and scope of good faith, the fields of adoption and enforcement of it in common law defers from case law. development of thi...

Cooperation and the common good.

In this paper, we draw the attention of biologists to a result from the economic literature, which suggests that when individuals are engaged in a communal activity of benefit to all, selection may favour cooperative sharing of resources even among non-relatives. Provided that group members all invest some resources in the public good, they should refrain from conflict over the division of thes...