April Tryzz DM.

de Jesus
Bulacan State University –
JD 1E

INSIGHTS ON RAYMOND
WACK’S PHILOSOPHY OF
LAW
 The roots of knowledge, which are also used in legal studies, have frequently been referred to as
philosophy. The most fundamental and abstract concept that underpins the legal method of thinking is
legal philosophy. The goal of the book "Philosophy of Law: A Very Short Introduction" is to present this
important area of legal philosophy in a vibrant, condensed, yet nuanced approach. Using the theory
advanced by numerous legal philosophers, particularly those from the European legal tradition, the
paragraph in the book clarifies the fundamental concepts of law. It advises readers to view legal
philosophy as a crucial component despite its substantial qualities and dense philosophical legal literature.
The major issue is brought up by two main streams of legal intuitions, such as the idea that law is a tool or
technology created to address social change and skepticism about this concept in sociopolitical, moral,
and economic interpretations. Natural law, legal positivism, interpretative law, rights and justice, society
and law, and critical legal theory are all used to explain these ideas. It has been customary to introduce
philosophy as the source of information, which is also used in legal studies. Fundamental and particularly
the most esoteric concept that underpins the legal method of thinking is legal philosophy. This book,
"Philosophy of Law: A Very Short Introduction," strives to provide a vibrant, concise, yet nuanced
overview of this important area of legal philosophy. The book's paragraph clarifies the fundamental
concepts of law utilizing the theory advanced by numerous legal philosophers, particularly from the legal
tradition in Europe. Despite its substantial qualities and profound philosophical legal literature, it urges
readers to view legal philosophy as a crucial component. The fundamental problem derives from two
main streams of legal intuitions, including the uncertainty that surrounds the assumption that law is a tool
or mechanism meant for societal transformations in sociopolitical, moral, and economic interpretations.
Natural law, legal positivism, interpretative law, rights and justice, society and law, and critical legal
theory are all used to explain these ideas.

The conditions and fundamental functions of law in a society are presented by Raymond Wacks
and are based on the legal theories of conceptual and definitional issues understood as legal philosophy.
To help readers grasp the significance of legal philosophy, the introduction, which serves as its
introductory portion, focuses mostly on how legal philosophy influences society through the unified
concept of living laws and legal doctrines. The recommendations point to a focused examination of the
philosophical foundations of law using non-obviously distinguished descriptive and normative legal
theories.

The function of natural law in forming the foundations of legal philosophy is examined in the
book's first section. The explanation delves into Aristotle's theories of how morality developed naturally
over time, creating the law. Other ideas developed by Finnis, Cicero, Aquinas, Groot, Blackstones,

Page 1 of 5
Hobbes, Locke, Rousseau, Hume, and Fuller are used to discuss its interpretations. These legal experts
view the laws primarily in terms of how human morality influenced the laws' structure. This code of
ethics derives from the beliefs of churchgoers like Thomas Aquinas, who believed that God instituted
these laws as sacred.

The second part of this book defines legal positivism as objectivity in law. Legal positivism
views morality as originating not from nature but rather from humanity. Natural law supremacy's impact
on the rule of law system gives rise to legal positivism. Jeremy Bentham and John Austin's criticism also
sparked a revolution in law through the codification and interpretation of rules and legislative functions,
which helped to reshape the legislative process for the benefit of society as a whole. The significance of
linguistic application for philosophical studies is further highlighted by Hart's positivism. The growth of
the use of legal terminology as the notion of law results from this linguistic study.

On the other side, the officials must practice adjudication and embrace the legal change. Hans
Kelsen adopted Hart's idea in order to create legal norms as the fundamental building blocks of
jurisprudence and legal transactions. These standards could overlap and transform the rule of law from
more general standards to more precise standards. The grundnorm theory of Kelsen is said to have its
roots in the ideas of general norms. Furthering Joseph Razh's law as a social fact, legal positivism
downplays morality as being less significant than the fact itself. The book's description of legal positivism
followed the same previous format. Wacks constantly employs the same techniques to have readers study
every piece of every legal scholar's argument to find each topic's philosophical ground.

This part will only address how the role of judges impacts non-codification situations during the
adjudication process, stepping on the third section of law as interpretations. The other portion, however,
according to Wacks, this final section is limited to using the Ronald Dworkin accounts. Legal positivism
is solely rejected by Dworkin in his explanation of judges' roles in law, which should be considered the
topic of the law's interpretation. This idea explains the rejection by stating that other factors, such as
morality and political influence, are also taken into consideration when determining what constitutes law
in addition to the codification of legal standards. The judges' functions in the adjudication are seen as the
first defense of individual rights and liberties under the interpretative character. The defense of rights and
liberty leads to the importance of the principles and wisdom of the judges and promotes liberalism in law.

The third portion explains how rights and justice developed as a result of people appearing to
claim their rights excessively and forcing government to protect them. Due to the current legal

Page 2 of 5
environment, rights are now seen as a waiver of some personal obligations that are subject to statutory
limitations without altering their core meaning. Furthermore, Hohfield's negativity theory contributes to
the explanations. These include how the Holocaust and Apartheid politics understood the idea of
fundamental human rights, how Richard Posner's utilitarianism and economic analysis affected the rights
revolution, and how John Rawls' theory of legal consensus introduced fairness.

This book's fourth section adopts a different tone and concentrates on interpretative actions. The
section on law and society that follows will examine in more detail how social conditions are recognised
by their significant influence on legal philosophical ideas. The explanation begins with Durkheim's theory
of law, which views punishments as expressions of social solidarity. Weber's interpretation of reason is
then used to highlight the essential component of this sociology of law approach. These two academic
answers point to Marx's socialist economic theory, which shows how the law is only a weapon used by
capitalists to govern above others and counters the concept of capitalism. Habermas explains the law as
an organization centered on communicative action to produce normative integrations rather than relying
on the conflict between different conceptions. On the other hand, Michael Foucault describes the law as
the practice of powers that seeks domination using disciplinary techniques to protect capitalism.

Wacks employs critical legal theory as the book's final section to bring the earlier explanations to
a conclusion. Critical legal theory aims to challenge the validity of legislation that upholds legal systems
with the potential for fictitious legitimacy. Critical legal theory challenges the logic of law by utilizing a
variety of methodologies, including feminist legal theory, post-modern legal theory, and critical legal
studies. These theories contend that the absence of legal elements will restrict the goal to merely political
discussions. Arguments that contravene legal principles are inadmissible as support. The external
elements outside of the law should be in charge of controlling the legislation's secondary purpose. All of
these traits contribute to a postmodernist and feminist perspective on legal theory. Postmodernism aims to
comprehend beyond laws by considering individuals' personal experiences, and feminism looks into the
rationality of law based on gender equality of men and women through human rights analysis.

Finally, this book includes examples of various academic and legal activity that might pique
readers' interests. The writings also feature a very low percentage of typographical errors. The book's
index may also aid readers in conducting efficient searches. However, the lack of a concise overview of
the issues combined with the monotonous format may make it difficult for the reader to enjoy this
literature. The review structure, which could be more methodical, and the references, which mostly come
from out-of-date literature, are where the other problem is also found. The body of work as a whole has

Page 3 of 5
served its purpose in providing readers with clear explanations of legal philosophy themes, and it should
be useful to readers outside of the legal academy as well. Additionally, this succinct introduction book is
recommended to buy only £8.99 for a starter book for anyone interested in legal philosophy, especially
those interested in European or British American legal philosophy.

To sum it up, this book embraced three ideas:

1. Moral questions pervade our lives, and they are the basis of political and legal debate. The revival
of natural law theory suggests that we have not come any closer to resolving ethical problems
over the centuries.

2. Natural Law and Natural Rights are two different things. Natural Law is the philosophy of natural
law, and it is the most comprehensive expression of Christian doctrine on the subject. It was
developed by the Romans, and it was largely developed by the Catholic Church.

3. The idea that laws must be in line with natural or divine law is known as lex iniusta non est lex. It
was first stated by St. Augustine and was popularized by Aquinas. It states that a law that fails to
conform to natural or divine law is not a law at all.

Page 4 of 5