ABSTRACT

There is, however, a countertendency among many lawyers, who view philosophy with attitudes ranging from indifference to hostility. These lawyers emphasize the practical wisdom deeply embedded in the common law tradition, extol the virtures of "experience" over "logic," and stress the need for lawyers and judges to provide concrete solutions to real problems.3 Philosophy, it is argued, with its endless debates over first principles and stratospheric levels of abstraction, can provide little insight into the problems faced by real judges and lawyers. This view of law and

The Yale Law Journal Voi. 96: 613, 1987

philosophy also has a long and honorable history. Its proponents have often been those, like Holmes, with great familiarity and respect for the philosophical tradition.4