Monday, February 21, 2005
"A Personalist Jurisprudence: The Next Step"
I received recently, and am working through, a book by Professor Samuel J.M. Donnelly, of the Syracuse University College of Law, called "A Personalist Jurisprudence, The Next Step: A Person-Centered Philosophy of Law for the Twenty-First Century." Here is the publisher's blurb:
In 1880, Oliver Wendell Holmes, Jr., defined law as the predictions of what courts would do. Others, particularly his intellectual opponent Christopher Columbus Langdell, perceived law as a system of language and rules. This book offers an interpretation of American law and a method for judicial decision making. Donnelly offers a vision of American law “as an activity engaged in by a variety of players including judges, advocates for the plaintiff and defendants, law reformers, scholars and perhaps all of us.” A central argument is that law is concerned with persons and their relations. Arguably, during the 20th century there was, in jurisprudential thought, a step-by-step, piecemeal recovery of a role for the person in the law. The next logical step in the 21st century is an explicitly person-centered jurisprudence as interpretation of American law.
Here is a link to the book's introduction. I have not read enough to have an informed opinion about the book, but it certainly looks like the kind of thing that would be of interest to MOJ readers. If any of my colleagues have read it fully, I'd welcome their views.
Rick
https://mirrorofjustice.blogs.com/mirrorofjustice/2005/02/a_personalist_j.html