The Collapse of Deconstruction and the Return of
Substance: Metaphysical Jurisprudence and the Recovery of Ontological
Personhood
In the philosophical trajectory
of the twentieth century, few thinkers have had as significant an impact on metaphysics
as Martin Heidegger. His project, set forth in Being and Time and later
in The Letter on Humanism, undertook what he called a “destruction” of
the Western metaphysical tradition, and in particular of Aristotelian substance
ontology. He declared that metaphysics, having reduced Being to the
level of beings, failed to pose the question of what it means to be. As
part of this critique, Heidegger dismissed substance, essence, and teleology as
conceptual relics of a tradition consumed with logic and representation. Under
his influence many abandoned the idea that metaphysics could meaningfully
support universal concepts like the person, nature, or law.
Yet, Heidegger’s analysis is quite
weak and limited. I am developing a new
philosophical synthesis, what I term Metaphysical Jurisprudence (MJ), that
shows that Aristotelian substance metaphysics in conjunction with insights from
evolutionary biology, ethology, and conceptual neuroscience provide a common
front of classical ontology and empirical realism that together affirm personhood,
normativity, and juridical structure, all categories that Heidegger’s
framework marginalizes or erases. The resulting synthesis offers a decisive
rebuttal to Heidegger’s et. al. purported
metaphysical “deconstruction” and establishes the proper framework for
understanding law, justice, and the rational creature who bears them consistent
with what really exists.
Heidegger’s Deconstruction
of Substance and Norm
Heidegger’s critique of
metaphysics is radical. For Heidegger, the Western tradition, from Plato to
Nietzsche, mistakenly treats Being as a kind of highest being, thus
obscuring the difference between Being and beings. Aristotle, is accused of
forgetfulness when he identifies being with substance, form, and actuality. In
rejecting substance metaphysics, Heidegger rejects also the essentialist
concept of human nature, the rational animal, and replaces it with Dasein,
a being whose essence lies only in its existence, its openness to Being, and
its “thrown” or historical condition.
From this perspective, the
traditional idea of the person as a stable bearer of reason, moral agency, and
legal responsibility is dissolved. Law, under this view, is not grounded in any
natural or metaphysical structure of personhood but is a contingent, historical
formation, one expression among many of Being’s “unfolding” in time. The
juridical form becomes ontologically suspect, a mere artifact of a forgetful
metaphysics.
What results is a system that is structurally
incapable of supporting normativity. If personhood is not a real kind, but a
linguistic convention or site of historical openness, there can be no
metaphysical grounding for obligation, justice, or responsibility. These lose
their universality and collapse into local manifestations of epochal Being.
The Common Front: Classical Form and Scientific
Realism
By contrast, against this “unfolding”
metaphysic of being, stands the powerful convergence between Aristotelian
substance metaphysics and modern scientific disciplines that investigate the
human organism in its full embodied and purposive form. These sciences, far
from undermining the classical view, confirm and reinforce its essential claims. This of course is not a new observation.
Take, for example, the work of
Peter Hacker and Maxwell Bennett. In their critique of contemporary
neuroscience, they dismantle the reductionist idea that the mind is identical
to the brain or that person-level capacities (like intention, belief, or reason)
can be localized to neural correlates. Instead, they insist that such
capacities are attributes of the whole human being, a rational organism
embedded in a natural and social world. The metaphysical unit of analysis is
not the brain, but the person, and this person is not a fiction, but a natural
kind with discernible powers and capacities.
Likewise, the ethological
tradition stemming from Konrad Lorenz and Nikolaas Tinbergen reveals that
animal behavior is not chaotic or accidental, but is structured by teleological
patterns. Animals exhibit purpose-driven behaviors that arise from instinctual
and adaptive functions. In humans, these behaviors are transfigured into
rational aims, symbolic practices, and moral deliberation. Evolutionary
psychology, when properly disciplined to avoid sociobiological determinism,
adds further support: it shows that human beings have evolved specific
faculties for cooperation, fairness, norm-enforcement, and abstract reasoning, faculties
that make law and justice not only possible but natural.
Together, these disciplines
affirm what Aristotle claimed more than two millennia ago: the human being is a
rational, political animal, one whose nature disposes it toward logos,
deliberation, and the ordering of life through shared norms. In short, the
person is a substance, not in the sense of inert matter, but as a living form, a
unity of body and soul, function and reason, nature and culture.
Why Heidegger’s Deconstruction Fails
In light of these converging
insights, the limitations of Heidegger’s deconstruction become clear. First,
his rejection of substance metaphysics rests on a false opposition between
Being and intelligibility. By collapsing all metaphysical inquiry into the
poetic disclosure of Being, Heidegger obscures the fact that Being reveals
itself through form, that is, through the structure of actual entities.
This is especially true in the case of the person, whose rational and moral
capacities are not historically contingent but ontologically grounded.
Second, Heidegger’s
critique of teleology cannot withstand the weight of biological and behavioral
science. The presence of natural ends, functions, and goal-directed capacities
in organisms is not a metaphysical superstition but an observable fact. Purpose
is not imposed by the observer but emerges from the structure of living
systems. The law, when rightly understood, is the actualization of the rational
creature’s natural orientation toward justice.
Third, and most
decisively, Heidegger offers no stable ground for normativity. His historicism
erodes the universality of moral and legal obligations. But as the sciences of
human nature show, and as substance metaphysics explains, normativity arises
from the kind of being we are. We are not merely thrown into a world of
possibilities; we are fitted for law, capable of reason, responsibility, and
justice because of our nature.
The Juridical Form as Metaphysical Actualization
Metaphysical Jurisprudence thus
affirms that legal personhood, obligation, and justice are not human
constructions but metaphysical realities. They are rooted in the essential form
of the human person as a rational substance, a being whose being/existence includes the power to deliberate, to choose,
to act, and to be held accountable. This juridical structure is not imposed
from without; it is the realization of our natural potential.
The law, properly conceived, does
not merely regulate behavior. It responds to the nature of the person. It gives
form to the relationships, duties, and rights that arise from our condition as
beings who are, by nature, capable of mutual recognition, responsibility, and
common life. This is why MJ insists that jurisprudence must be metaphysical. To
speak of justice, we must speak of the person. And to speak of the person,
we must return to the metaphysics of form, substance, and teleology.
Conclusion: The Recovery of Metaphysics, the Grounding
of Law
The alliance between Aristotelian
metaphysics and empirical science dismantles the foundations of Heideggerian
deconstruction. By simply reasserting the intelligibility of substance, the
reality of teleology, and the truth of personhood, we are able to reestablish
the metaphysical grounds for law and justice. Heidegger’s insights into
technological bracketing and historical forgetfulness remain interesting, but
his attempt to erase the metaphysical structure of Being must be decisively
rejected.
The juridical form is not a
historical accident or a poetic invention. It is the unfolding of what we are.
In this sense, Being is juridical, because the rational substance
that is the person is the locus of justice. Metaphysical Jurisprudence
recovers this truth and builds upon it the architecture of a truly rational
legal order.
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