Introduction
In the philosophical search for legal
foundations, few questions are as fundamental as this: What is the human being?
Metaphysical Jurisprudence (MJ) answers that question by rooting legal meaning
in the ontological reality of person-level rationality (PLR). This commitment
to a realist, essentialist view of the human person places MJ in close
alignment with classical ontology and the empirical sciences. Together, they
form a common front against various forms of legal positivism, postmodern
skepticism, and anthropological reductionism. However, MJ faces an array of
criticisms from 20th-century existentialist and phenomenological thinkers, who
reject essentialism in the name of freedom, historicity, and lived experience.
This essay argues that these critiques do not dismantle, rather reinforce, a
properly formulated account of PLR. By engaging the major objections to
essentialism, MJ demonstrates its superior coherence, its fidelity to lived
reality, and its indispensability for grounding law and moral dignity in
reality of what exists.
The Role of Essentialism in Metaphysical Jurisprudence
Essentialism, in the MJ framework, refers to the
claim that the human person possesses a stable, intelligible nature defined
primarily by the capacity for rational thought, moral deliberation, and
volitional freedom. These capacities comprise the structure of person-level
rationality (PLR), which grounds legal responsibility, dignity, and
normativity. This view draws on the classical ontology of Aristotle and
Aquinas, particularly their hylomorphic account of the human being as a unified
composite of body and rational soul.
This essentialist view is not threatened but
strengthened by contemporary empirical science. Neuroscience confirms the
centrality of reason and language to human function; developmental psychology
affirms moral cognition and intersubjective awareness; biology and anthropology
underscore the uniqueness of homo sapiens in tool use, abstraction, and norm
generation. Properly construed, these findings confirm rather than refute that
humans are not merely organisms but rational substances.
The Vacuity of Existentialist and
Phenomenological Anthropology
The existentialist and phenomenological
approaches to understanding what it means to be human are, at their core,
metaphysically incoherent, methodologically untethered, and empirically vacuous.
(I make modest claims). Their
foundational claim, that the human being cannot be described by any essential
structure, but only through freedom, historicity, and “lived experience” has no
grounding in observable reality, much less an intelligible metaphysical frame.
These schools of thought routinely confuse ambiguity with insight.
Heidegger’s Dasein, Sartre’s disembodied
freedom, and Merleau-Ponty’s body-as-subject, all rest on assertion without
demonstration or evidence. Their rejection of essentialism is not the fruit of
discovery but the product of ideological rebellion: a post-Christian,
post-metaphysical fever that mistakes the refusal to define man for profundity.
They elevate freedom over reason, contingency over form, and flux over being, not
because these are truer, but because they are fashionable within late-modern
alienation.
These thinkers are grossly overrated. Heidegger’s
convoluted jargon cloaks vacuity in pseudo-etymology. Sartre’s moralism
contradicts his own metaphysics. De Beauvoir’s existential feminism rests on a
simplistic and polemical caricature of nature. Their works are immune to
empirical correction because they were never empirical to begin with. Unlike
biology, cognitive science, or developmental psychology, which converge on a
recognizably rational, relational, and purposive animal, these thinkers offer a
romanticized fiction of man as self-creating abyss.
In short: their anthropology is not science, not
metaphysics, and not even coherent philosophy. It is ideology masquerading
as insight, constructed to liberate the human subject from any nature,
essence, or telos, in order to make the person pliable to will, power, and
desire. Metaphysical Jurisprudence, in alliance with classical ontology and the
empirical sciences, restores the truth that freedom without form is nihilism,
and law without essence is tyranny. These thinkers should not be refuted they
should be retired.
Existentialist and Phenomenological Critiques of Essentialism
A. Sartre: "Existence Precedes
Essence" In Existentialism Is a Humanism, Sartre
famously declares that for human beings, “existence precedes essence.” He
argues that there is no given human nature; each person must define themselves
through their choices. Any claim to an essence, he suggests, reduces the person
to a thing and violates their radical freedom.
B. Heidegger: "The Who is Not the
What" In Being and Time, Heidegger denies that Dasein
(human being) is a substance with a fixed nature. Dasein is a being for whom
its own being is a question a dynamic unfolding structured by care, time, and
death. Traditional metaphysics, Heidegger claims, turns the person into a
"what" rather than allowing for the existential openness of the
"who."
C. Merleau-Ponty: Embodiment vs.
Abstraction In Phenomenology of Perception, Merleau-Ponty
attacks the dualist and abstract conceptions of the human person. The body is
not an object owned by a subject but is the subject itself. Classical
essentialism, in his view, cannot accommodate the full richness of embodied
experience.
D. Heidegger: Thrownness and Facticity
Heidegger also emphasizes that human beings are "thrown" into a world
they did not choose, defined by history, language, and cultural context.
Essentialist views are criticized for treating humans as isolated essences,
ignoring this radical embeddedness.
E. de Beauvoir: The Self as Becoming
In The Second Sex, de Beauvoir extends existentialist ideas to gender,
arguing that woman “is not born, but becomes.” Identity, she insists, is a
project, not a static nature. Essentialist claims about gender or personhood
are seen as oppressive.
F. Husserl and Heidegger: Against the View from Nowhere Phenomenologists like Husserl and Heidegger argue that traditional metaphysics adopts a detached, objectivist view—what Thomas Nagel later called “the view from nowhere.” Essentialism allegedly ignores the lifeworld: the lived, first-person structures of experience.
MJ Responses: Reconstructing Essentialism from the Ground Up
A. Sartre Refuted: Essence Grounds Freedom Sartre’s fear
that essence negates freedom is unfounded. A properly articulated essence defined
by rationality, deliberation, and moral responsibility grounds
freedom. Without PLRs, there is no coherent concept of free agency. Freedom
requires a nature capable of choice.
B. Heidegger and the Substance of Dasein Heidegger’s
insights into care, temporality, and being-toward-death are more derivative than
perceptive relative to the concept of personhood. His “being-toward-death” does
not eliminate essence; it presuppose it. Only a unified, rational agent can
confront its mortality, care about its projects, and understand its own
historicity.
C. Embodiment Within Hylomorphism
Merleau-Ponty is right to emphasize embodiment, but classical ontology already
affirms this. Aristotle and Aquinas insist that the rational soul is the form
of the body. There is no “ghost in the machine” in hylomorphic realism, there
is one unified substance.
D. Contextuality and Rational Structure
Heidegger’s notion of thrownness rightly points to the embeddedness of human
life. But MJ agrees: rational beings always exist within contexts. What it
rejects is the idea that contextuality negates ontological structure. Only
PLR-beings can interpret and respond to their thrown conditions.
E. Becoming Within Being: Identity and
Normativity De Beauvoir’s critique reveals the danger of confusing
essence with social stereotype. MJ insists on a clear distinction: essence
refers to natural capacities (e.g., rationality), not contingent roles. Essence
protects, rather than undermines, moral dignity and equality.
F. Against the Objectivist Fallacy
Phenomenology’s critique of abstraction is often valid—but not decisive. MJ
does not impose an external view on the person; it explicates what is intrinsically
present in the structure of human existence. The first-person perspective
only makes sense if grounded in a being capable of intentionality and
normativity.
The Payoff: Why MJ Outperforms Its
Critics
Metaphysical Jurisprudence outperforms its existentialist,
phenomenological, positivist, and constructivist critics not because it is more
fashionable, more flexible, or more therapeutic, but because it is true.
It offers a metaphysically accurate, ontologically grounded, and empirically
confirmed account of what the human person is. MJ does not depend on
ideological improvisation or speculative abstraction; it begins from the
reality of person-level rationality (PLR) as an objective structure of being.
This fidelity to reality, uniting classical ontology with
contemporary empirical insight, gives MJ its salubrious and enduring strength.
It affirms:
- That moral agency and
responsibility are not projections or constructions, but features of a
rational nature.
- That human rights and
legal dignity rest on something deeper than custom or consensus: the
irreducible fact of rational personhood.
- That freedom is
not an illusion, nor a mere negation, but a structured capacity grounded
in essence.
- That law, if it
is to be just, must conform to the truth of the beings over whom it claims
authority.
In a world disoriented by nominalism, relativism, and
anthropological confusion, MJ restores what is most needed: a jurisprudence in
accord with reality.
The existential and phenomenological critiques
sharpen, but ultimately fail to overturn, the metaphysical realism at the core
of MJ. Rather than discarding essentialism, they invite its renewal in light of
lived experience.
Conclusion
The rejection of essentialism by existentialist
and phenomenological thinkers was often a response to crude or static views of
human nature. But Metaphysical Jurisprudence does not rely on such caricatures.
It articulates a nuanced and normatively powerful conception of person-level
rationality, one that integrates freedom, embodiment, historicity, and moral
worth. In defending essentialism rightly understood, MJ establishes a deeper framework.
Law, if it is to serve justice, must be grounded in the truth about persons.
And that truth begins with essence.
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