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The reach of the philosophy of law is thus the reach of Aristotle‘s nomothetike2 and Aquinas‘s legis positio,3 which he understood as extending beyond the philosophy – the practical science – whose philosophical truth fits one to participate in constitution-making and legislation, and as including also (subordinate to the constituent and legislative as such) the art and wisdom needed by the judge, not to mention the civic understanding, law-abidingness, and critical allegiance of the good citizen.4
For its understanding of the goods common to all human persons, including all that can be philosophically envisaged about human fulfilment, the philosophy of laws draws directly upon ethics. That understanding takes the form of practical reason‘s very first principles, directing each of us to all the basic human goods (each an irreducible aspect of human flourishing), and of the specifically moral principles that direct us to choose and act reasonably, faced as we are with not one good but many, not one way of realizing each good but many, and not one person in whom these goods can be realized, respected or disrespected but many. For its understanding of the common good of families, of other associations of civil society, and of the state, the philosophy of laws draws directly upon political philosophy. That understanding includes what can be said in general, on the basis of wide human experience, about the factual conditions of co-existence and cooperation in political life and collective action, conditions which statecraft and law-making need to take fully into account and which therefore are part of the matter of political and legal philosophy. An elementary example of such conditions is the fact that unanimity about specific forms of communal life and action is not practically attainable or available as a source of cooperation in the life of a political community. This practically necessitates and justifies the concept and institutions of authority, taken as justifying, albeit presumptively and defeasibly, the obligation of compliance with authoritative directives (legislative, judicial or executive, etc.).5 Or again, elementary facts about the limitations of human foresight justify the institution or practice we call equity (departure from the letter of the established law in the interests of its underlying purposes and justice).
