ABSTRACT

The relation of philosophy to the law is both dynamic and genetic. Philosophy, as a comprehensive body of theory about the most pervasive and basic questions of the universe, embraces the most basic and pervasive questions of the law. If and to the extent that its claims are justified, philosophy is a dynamic instrument for the law, a mode of thought having potential values for the better understanding of the law. Moreover, the men who have made and administered the law, and those who have sought to understand it, have come directly or indirectly under the influence of philosophy. Thus philosophy as a cultural tradition may have had its social consequences, including its consequences to law. Either of these relations can easily be exaggerated. The present essay proposes to examine the dynamic or instrumental relation to the law, rather than the historical relation, of one branch of philosophy: Logic. While many have written on the philosophy of law, but few have attempted to explore the significance of philosophy in the law.