A Personalist Jurisprudence, the Next Step: A Person-Centered Philosophy of Law for the 21st Century
"Thoughtful analysis of the history of American jurisprudence during the twentieth century reveals a piecemeal, step-by-step recovery of a role for the person following the great reorganization of law around principles and rules in the late nineteenth century. The next logical step for the twenty-first century is an explicitly person-centered philosophy of law. The purpose of this book is to construct a person-centered interpretation of American law and method for judicial decision making,...
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Contrasting his method of judicial legal interpretation with those that emphasize principles and rules, Donnelly (law, Syracuse U. College of Law) presents a "personalist" theory of law that places dispute resolution among persons as the central concern of jurisprudence and constitutional interpretation. Central to his theory is the recognition of the judge as an actor in the legal process, means-end reasoning, and the balancing of interests and concrete circumstances of those that appear before the court. He applies his legal philosophy the language of legal rights and the interpretation of law. Annotation ©2004 Book News, Inc., Portland, OR
ForewordAcknowledgmentsCh. IIntroduction3Ch. IIThe Common Law Tradition25Ch. IIIPersonalist Theory71Ch. IVConstitutional Interpretation115Ch. VJustification, Legitimacy and Moral Judgment197Ch. VIThe Language and Uses of Rights: Relating the Multiple Players in the Game of Law across Horizons247Ch. VIIThe Personalist Agenda273Concluding Postscript307Index311
