Flanagan, Brian (2016) 1966-2016: Legal Philosophy as Patient. Irish Jurist, 56. pp. 123-138. ISSN 0021-1273
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Abstract
John Kelly, the 50th anniversary of whose commencement of the new series
of the Irish Jurist is celebrated in these pages, reached a memorable verdict on
contemporary legal philosophy. In a comment alluded to by both Tony Honord
and Ronan Keane in their respective forewords to his posthumously published
monograph, A BrieffHistory of Western Legal Theory, Kelly describes today's
students as being treated to a "course in mental ... athletics, sweating around
the cinder-track of mid-twentieth-century linguistic analysis...".' On the
question of the nature of law, Kelly's verdict is half right. This essay considers
first what it gets wrong, and then what it gets right.
The contributions to legal philosophy of H.L.A. Hart and Ronald Dworkin
were the principal targets of Kelly's disapproval. There is no question that,
following their example, contemporary legal theorists have sought to apply
insights from other philosophical fields. We may justifiably speak of legal
philosophy's interdisciplinary turn. But both Hart and Dworkin's initial
efforts effected indispensable advances. Conversely, whereas subsequent
interdisciplinarity has introduced much technical sophistication, it has yet
to produce a corresponding payoff in understanding. Moreover, it is to legalphilosophy that the insight of the other domain is almost always applied. In
the hands of sparring legal philosophers, interdisciplinarity can take on the
appearance of an arms race; in the hands of philosophers from these other
disciplines, it can take on that of show-stopping, but, ultimately, mark-missing,
intervention. This suggests an organising theme of legal philosophy as patient.
For all the benefits of the interdisciplinary turn, realised and potential, legal
philosophy will remain an immature inquiry until it contributes reciprocally
to cognate fields.
Part I reviews the great advance achieved by Hart and Dworkin through the
application of insights from the philosophy of language. Part II reviews the
subsequent technical expansion of legal philosophy in the service of theories
that both distinguish and fuse law and politics. In a concluding section, I
consider the prospects for the converse scenario, in which legal philosophy
exerts influence on another domain, namely, the philosophy of group agency.
Item Type: | Article |
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Keywords: | Legal Philosophy; Patient; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 11652 |
Depositing User: | Brian Flanagan |
Date Deposited: | 07 Nov 2019 16:36 |
Journal or Publication Title: | Irish Jurist |
Publisher: | Round Hall |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/11652 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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