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320 pages, Kindle Edition
First published January 1, 1964
Since the consensus is constitutional, its focal concept is the idea of law. We hold in common a concept of the nature of law and its relationships to reason and to will, to social fact and to political purpose. We understand the complex relationship between law and freedom. We have an idea of the relation between the order of law and the order of morals. We also have an idea of the uses of force in support of law. We have criteria of good law, norms of jurisprudence that judge the necessity of law and determine the limits of its usefulness. We have an idea of justice, which is at once the basis of law and its goal. We have an ideal of social equality and of social unity and of the value of law for the achievement of both. We believe in the principle of consent, in terms of which the order of coercive law makes contact with the freedom of the public conscience. We distinguish between state and society, between the relatively narrow order of law as such and the wider order of the total public good. We understand the relation between law and social progress; we grasp the notion of law as a force for orderly change as well as for social stability. We understand the value of law as a means of educating the public conscience to higher viewpoints on matters of public morality. All these ideas, and others too, . . . form the essential contents of the consensus (88-89).