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Like ethics and political philosophy, the parts of philosophy on which it is directly dependent, the philosophy of law belongs to the philosophy of practical reason. Practical reason, and thus the philosophy of practical reason (philosophical because considering the problems of practical reason in their full universality), seeks to make reasonable the deliberations and choices by which human persons shape their freely chosen actions and thus shape also themselves and their communities. Ethics considers those problems in the form in which they confront each individual without exception, in the predicament of choice of significant conduct (action or inaction), choice which, shaping the world, will also shape his or her own character. Political philosophy (subsuming without absorbing the philosophy of the household and family) considers the problems confronting each of us precisely insofar as we need to act in concert with other members of our communities, as members or leaders whose choices are choices for the community to whose actions we intend our own actions to contribute. The philosophy of law (legal philosophy) extends and specifies political philosophy by considering precisely how far choices made today for one‘s political community‘s future should be determined or shaped by choices made and acts made in the past, in the form of contracts, wills, constitutions, legislative enactments, customs, judicial decisions, and the like.
That question is itself the topic of a number of ―general principles of law recognized by civilized nations‖,1 fundamental principles which enter directly into the needed determinations. The philosophy of law identifies the grounds for accepting those principles as appropriate (just) and authoritative, along with the grounds for judging appropriate and authoritative the different kinds of private and public law-making and rights-affecting acts (juridical acts) mentioned above. Just as ethics looks to fulfilment in all the basic forms of human good, so far as choices and actions can bear on or be opposed to that fulfilment, and just as political philosophy looks to the bearing of choices and actions on the common good of a political community – on the fulfilment and human rights of all its members – so the philosophy of law finds the grounds for accepting the justice of fundamental principles of law and the authoritativeness of private and public juridical acts in the bearing of those principles and acts on the common good. That common good extends with meaningful continuity from the past in which members of the community chose those acts (as against alternatives, reasonable and unreasonable) into the present which those acts intended precisely to determine and which now can similarly determine (in due measure) the future fulfilment of the same historically extended community and its members.
