Thinking philosophically about law: The role of moral and political reasoning in shaping the law

This paper explores the different ways in which ideas from moral and political philosophy underpin the development of the law. The shape of the substantive law can be seen to respect assumptions and choices about core philosophical notions such as the moral obligation of one person to another, the a...

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Bibliographic Details
Published inMelbourne University law review Vol. 47; no. 1; pp. 229 - 250
Main Author Chris Maxwell
Format Journal Article
Published Melbourne, Vic Melbourne University Law Review Association 01.11.2023
Subjects
Criminal law
Industrial relations
Judgment (Ethics)
Law
Philosophy
Study and teaching
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Summary:This paper explores the different ways in which ideas from moral and political philosophy underpin the development of the law. The shape of the substantive law can be seen to respect assumptions and choices about core philosophical notions such as the moral obligation of one person to another, the attribution of responsibility for conduct and the nature of the relationship between the individual and the state. And the task of adjudication often calls for the exercise of moral judgement, either explicitly or implicitly. It follows, I contend, that lawyers need to develop the capacity to think philosophically about law. This means having sufficient philosophical awareness, understanding and #uency to engage with the ideas which are in play. Building that capacity should be one of the goals of legal education.
Bibliography:Melbourne University Law Review, Vol. 47, No. 1, Nov 2023, 229-250
Informit, Melbourne (Vic)
ISSN:0025-8938