Proceedings of the XXII World Congress of Philosophy

Volume 40, 2008

Philosophy of Law

Ion Craiovan
Pages 31-38

On The Philosophy With Juridical Norms

My paper tackles the generic relationship between philosophy and law, the necessity of applying philosophy to law, the legitimacy and range of such an approach, the configuration of the way in which philosophy has left its mark in the juridical sphere. It surveys, in a chronological order, as well as in terms of their co-existence, the various stages of the relationship between philosophy and law. 1. Although both have been “within the walls”, law secludes itself, relatively speaking, in “the world taken as a whole”, to shape its own identity, to survive as a self-sufficient, distinct technique (F. Geny), or it does it in a doctrinary way (positivism). 2. The representatives of philosophy in the juridical sphere are doing their best to uphold law’s struggle for knowledge, to have it gain recognition as a “science”, renounce its one-sidedness and harmonize with the others. 3. Juridical norms are not untouchable in relation with philosophy. Philosophy may work within juridical norms if it has an affinity with the content of juridical normativeness and respects its specificity. 4. The conclusion I reach is that we must try to cultivate a joint area bringing together philosophy and law, an area wherein the specific features of the two distinct fields reach a consensus for the sake of the human condition – hic et nunc. Philosophy bestows coherence and casts light on “law for man’s sake”, while the philosophically founded law appears to be the “normative project of the human”, a human practice inextricably connected with other types of practice, with man as a whole. The practical way to fulfil this goal, like the goal itself, will always be liable to criticism and improvement, open to debates and various options in a concrete socio-historical context.