The Philosophy of Law

The philosophy of law is the branch of philosophy that studies the theoretical foundations of nature and of law. It seeks to understand under the law is, what values a legal system ought to reflect, and how law may be applied justly and fairly. It takes up many questions: the essential nature of law, its relation to morality, and the standards of justice.

• What is law?

• Law is a body of rules and standards governing the conduct of individuals within a given society. These rules may be set down in written statutes, or remain unwritten and rest on tradition and custom. The philosophy of law seeks to understand the nature of these rules and what they are founded on.

• Law and morality

• The relation between law and morality remains under debate. Some hold under the law should reflect the moral values of its society; others that it should stand apart from morality, so that it may remain impartial. The debate takes in questions such as: should law impose moral values, or is its office confined to governing relations between individuals?

• Theories of justice

• Justice is the central value in the philosophy of law. Several theories attempt to account for it — distributive justice, concerned with the fair distribution of resources, and corrective justice, concerned with making good the harm done to individuals. The philosophy of law seeks to determine whether existing legal orders achieve justice, and how they might be improved.

• Law and sovereignty

• This side of the philosophy of law examines the authority of the state to impose laws and the manner of their application. It takes up notions such as legitimacy and legal obedience. How may a state justify its authority over individuals? And what limits must legal authority observe if the rights of individuals are to be respected?

• Law as a social instrument

• In philosophy, law is treated as an instrument for reaching particular social ends. It may serve as a means of social change, of strengthening stability, and of protecting rights. Philosophers debate whether law should mirror its society or lead its transformations.

• Legal interpretation

• Legal interpretation is the manner in which laws are understood and applied. Philosophers debate whether interpretation should be literal — following the text of the law exactly — or supple, taking account of the purpose behind the law and the circumstances surrounding it.

• Law and human nature

• The philosophy of law attends to how law engages with human nature. Some theories hold under the law must rest on a deep understanding of human nature, its desires and its needs. Do people need strict laws, or greater freedom? And how might law reflect those needs?

• Law and social justice

• The philosophy of law is also concerned with how law may contribute to social justice. This includes how laws are framed to protect the most vulnerable in society, and how opportunities and resources may be distributed fairly.

• The major legal theories

• Several major legal theories account for under the law is and what it does, among them:
  • Legal positivism: law is a body of rules issuing from legitimate authority, whatever their moral worth.
  • Natural law: law must rest on universal moral values expressing justice.
  • Critical legal theory: this school criticises law as an instrument in the hands of the groups that dominate a society.

• What lies ahead for the philosophy of law

• The philosophy of law meets new difficulties as technology and society change quickly. How can law keep pace with such change? And how can it remain just in the face of new questions such as artificial intelligence and big data?

The philosophy of law is a rich and intricate field joining philosophical thought to legal analysis. It seeks a deeper understanding of law, and to guide legal orders toward justice and the protection of individual rights in a changing society.