Tag Archives: philosophy

I suppose that’s a profession I would like to be a part of…

Even if it is not immediately recognized as such, Law, as it is idealized by the new law student, is the philosophy of state power. Not in the explanatory sense of political science, but quite literally the philosophy which the state itself cleaves to in the exercise of that power. The idealistic among these students will join the ranks of the profession in the hopes that they might take part in contributing to this philosophy their own prejudices, fantasies and ires. But no matter how beneficial the edifice of the law or how lofty one’s principles, a tenuous bargain is involved in entering the walls of law’s empire, and it is one which should not be accepted lightly.
One is of course aware of the role of the professor to, as it were, continually attempt to expose the tears in the wall between the philosophy of the state and philosophy proper, that is, the human philosophy of everyday life. But so too is it the job of the law student. And, if one is fearless in their thinking; if one can escape from the work-a-day practices of the profession which result, if without conspiracy, at distracting from this question; if one is willing to risk, which is not to say sacrifice, the comfort and security of professional certainty and relative class privilege, then so too can this be the role of the working lawyer. The job of the law professor, then, is not just to expose the breach. It is to put the pick in the hands of the profession itself.