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A Personalist Jurisprudence, the Next Step: A Person-Centered Philosophy of Law for the 21st Century

Author Samuel J. M. Donnelly
Publisher Carolina Academic Press
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Book Details
ISBN / ASIN0890891567
ISBN-139780890891568
AvailabilityUsually ships in 24 hours
Sales Rank6,468,124
MarketplaceUnited States 🇺🇸

Description

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.

An important aspect of this book is its critique of both legal and general intellectual method. Lawyers concerned with critiques of judicial decision-making, judges, law professors, and law students will find this book invaluable, as will political scientists, philosophers and social scientists.

The foreword to A Personalist Jurisprudence, The Next Step is written by the 2008 Democratic vice presidential nominee, Joseph Biden.