Are Lawyers Philosophers?
The law is not philosophy. Therefore, lawyers are not philosophers? My interest in this article is to show that lawyers may not produce philosophy but can be philosophers in virtue of engaging in philosophical reasoning some of the time. Of course, this claim is not entirely original. As the philosopher Ronald Dworkin writes: “Lawyers are always philosophers because jurisprudence is part of any lawyer’s account of what the law is, even when the jurisprudence is undistinguished and mechanical.”1 In particular, in Dworkin’s sense, lawyers can be philosophers in virtue of engaging in moral and political philosophy, that is, of identifying the law by assessing whether it fits against certain moral and political principles in a community whereby the law upholds the community’s integrity. In addition to Dworkin’s work here, while conceding his point, I want to argue lawyers can be philosophers in two more ways (Dworkin’s claim really only pertains to the Supreme Court): ...