Sazon, Kirsten C.

J.D. 1A

According to Lon Fuller, “The object of legal philosophy is to give an effective and
meaningful direction to the work of lawyers, judges, legislatures, and law teachers…” Truly
legal philosophy has a huge impact on the legal field as it serves as the light in making and
interpreting laws in a society. Legal Philosophy or Philosophy of Law delves into the
fundamental questions surrounding the nature, purpose, and principles of law.

Philosophers Randy Barnett and Roscoe Pound share their insights on the importance of
legal philosophy or the philosophy of law. The article by Randy Barnett focuses on Legal
Philosophy mired in the twin ruts of Legal Positivism and Legal Realism. Barnett explained that
Legal Positivism is a philosophy that visualizes law as the command of the sovereign. It mirrors
the idea that law is a law because of who pronounces it, not what it commands. Moreover, in this
philosophy, judges have a legal duty to follow that law, justly. Legal Realism points out that
judicial reasoning is nondeterminative. Although both Legal Positivism and Legal Realism have
vital insights to teach us all, the fact that they have both been used by some to enhance State
authority in all of its forms for decades does not reduce their importance. Barnett, also mentioned
the Neo-Rousseaunian liberals, the people who help formulate an understanding of the need for
legal philosophy. They also believe that without the State, people are incomplete. In line with
how individuals coexist in pursuing his or her vision of a good life several approaches or
solutions were mentioned; the Rule of Law and the Rule of Men. The Rule of Law focuses on
identifying the general principles and precise rules in our society. It emphasizes that everyone,
including those who have power, is accountable under the law. On the other hand, in the Rule of
Men, choices and actions are predominantly governed by the discretion of individuals in
positions of authority. Furthermore, Barnet believes in the importance of legal philosophy. He
believes that without legal philosophy providing this foundation, our private laws rights and
common law processes of adjudication can be made to appear as empty or irrational exercises we
have inherited from our ancient past and blindly continue to follow.

In the essay of Roscoe Pound in terms of the essentiality of the Philosophy of Law, he points
out the common law as a doctrine of supremacy of law. No state has departed from it. The
common laws dogmas have a diction of due process of law; the Magna Carta is also protected by
State and federal constitutions. Common law aims to ensure individual rights and social
righteousness. It does not serve the purpose of the common law, but rather the purpose of
individual rights. Pound believes that law when it comes to school teaching is a proper training
for the rising generation of lawyers. One must master “tough law” not just to apply it for the
betterment of society but to “preserve the old legal philosophy and prevent the best educated of
our bar from being children of the present.” He also explained that there are states maintaining
law schools because of the connection of the lawyers with the vital machinery in society. He also
claims that philosophy is a necessary part of the equipment of a trained lawyer.

In conclusion, based on the two articles, legal philosophy is indeed fundamental in

building a just and equitable legal system. Barnett’s explanation of the importance of the legal
philosophy helps in reminding the people of its essentiality in protecting human rights and in
examining the moral foundations of the law. Pound, on the other hand, emphasizes preserving
the old philosophy and the significance of common law and due process of law. Barnett and
Pound both shared their ideas of how law protects and caters to individuality.
Furthermore, they both illuminate the vital role of legal philosophy when it comes to guiding the
law in developing, interpreting, and as well as in its application. The article serves as an
eye-opener of how the philosophy of law serves as a tool for the pursuit of justice, liberty,
equality, and the common good.