Law and Philosophy;: from skepticism to value theory

Journal ArticleTo write about Philosophy; and law is both odd and daunting. It is odd because the topic seems to presuppose that the two fields are separate and that Philosophy; may be unfamiliar to legal practice and legal practitioners. Yet, recognized or not, Philosophy; is part of the ordinary life of law schools and lawyers. Images of the methods of Philosophy; shape accounts of legal education and legal reasoning. Constitutional decisions wrestle with great philosophical issues: liberty, the marketplace, rights, justice. And constitutional consensus changes along with dominant philosophical views. Stalwart philosophical topics sit firmly on the legal landscape: free will and responsibility, duress, causation, intentionally, paternalism, and myriad others. Perhaps the most fundamental division among basic theories about the nature of law is whether the very concept of law presupposes connections to morality or to political Philosophy;