Why should lawyers study Philosophy of Law?

Abstract

The importance of jurists understanding and studying the philosophy of law is examined, highlighting its relevance in the context of a Constitutional State of Law. It argues that without philosophical reflection, positive law becomes insufficient to address ethical and justice issues, especially in the face of challenges such as human rights and judicial decisions in the constitutional field. How current legal training in the civil law tends to focus on technical-scientific knowledge of codified law, leaving aside legal philosophy, which brings serious consequences in the capacity of jurists to understand the concept of justice and its application deeply. Likewise, the scope of legal positivism and scientism is questioned, which, historically, have tried to separate legal science from morality and philosophy. In this way, it is argued that in the critical work of authors such as Alexy, Dworkin, and Finnis, there is a particular emphasis on ethical and moral principles as fundamental axes in the interpretation of law, so that the philosophy of law allows jurists to address ethical and legitimacy issues that positivism ignores. Finally, the article concludes with a call to integrate philosophy into legal training and practice.