Metaphysical Jurisprudence
(MJ) is a distinctive and original approach to legal theory that unifies
classical ontology, moral realism, and constitutional reasoning through a
rigorous account of person-level rationality (PLR). It holds that the
human person possesses a determinate nature, a rational structure discoverable
through metaphysical inquiry and empirically confirmable, which serves as the
ontological foundation for law, justice, and legal interpretation.
What sets MJ apart is its systematic integration of three
elements rarely joined in legal theory:
- Ontological Precision: MJ begins with a philosophical anthropology that defines the human person not as a procedural subject, a linguistic fiction, or a political construction, but as a real entity characterized by intrinsic capacities for reason, freedom, moral deliberation, and relationality. These PLRs are treated as metaphysical constants, not sociological hypotheses or Kantian postulates.
- Legal Internalization: MJ insists that these PLRs are not abstract moral ideals but normative determinants that shape and constrain the structure of legal reasoning. MJ reads legal traditions, especially the Anglo-American common law and the U.S. constitutional framework, as imperfect but intelligible attempts to encode the realities of PLR into institutional form.
- Interpretive Generation: From its ontological
foundation, MJ derives interpretive canons that guide and
discipline the judicial reading of statutes, precedents, and
constitutional provisions. Unlike originalism, textualism, living
constitutionalism, or positivist formalism, MJ insists that valid legal
interpretation must conform to the truth of what persons are.
Accordingly, MJ offers a jurisprudence
of first principles: not deduced from procedural consensus or historical
convention, but from the irreducible structure of rational being. In so doing,
MJ recovers the classical ideal that law is a rational ordering of persons for
the sake of justice while uniquely translating that ideal into the language of
constitutional law, judicial restraint, and doctrinal development.
In a legal culture fragmented
by relativism, proceduralism, and metaphysical agnosticism, MJ is the only
theory that restores unity by rooting law in the truth of the human person.
It is neither revivalist nor revolutionary, it is corrective, offering a
metaphysically grounded grammar for a jurisprudence worthy of free and rational
beings.
No comments:
Post a Comment