The Standing of the Public Interest

Abstract

Liberal communitarians hold that a good society achieves a carefully crafted balance between individual rights and the common good. Critics argue that there is no such thing as the common good; only aggregation of personal goods. The article first defends the concept of the common good; and then shows that it is very similar to the concept of the public interest used in the law. The article then examines the ways American courts balance the public interest and the common good in three areas: free speech, public safety, and taking.