Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, March 9, 2015

Steven Smith on wisdom and "reason" in the law

Here's another new paper by Prof. Steven Smith, to my mind one of the most perceptive legal scholars around:

This paper, written for a conference at Pepperdine on “Wisdom, Law, and Lawyers,” begins by considering the meaning of wisdom as well as some possible tensions between wisdom and “reason.” The paper then argues that the kind of reason celebrated in the classical common law tradition can be interpreted as an (imperfect) embodiment of the insights associated with wisdom, but that modern legal thought tends to aggravate the tensions between wisdom and reason, and thus to reduce law to foolishness. The tendency is evident in the recent rush of decisions invalidating traditional marriage laws.

https://mirrorofjustice.blogs.com/mirrorofjustice/2015/03/steven-smith-on-wisdom-and-reason-in-the-law.html

Garnett, Rick | Permalink