A roundtable discussion about the relevance of contemporary hermeneutical philosophy for legal theory raises a foundational question often neglected in interdisciplinary articles: What is the relationship between law and philosophy? The burgeoning scholarship drawing connections between legal theory and philosophy increasingly has come under attack for displaying a naive view about the potential legitimate exchanges between philosophers and legal academics. I have written elsewhere at length about the important insights that philosophical hermeneutics can lend to jurisprudential discussions of the rule of law. In this essay, I develop my argument by stepping back and attending more generally to the connections between the work of contemporary philosophers and the work of legal theorists. In part I, I describe several recent critical rejoinders to efforts by legal scholars to utilize philosophy in legal theory. In part II, I respond to these critiques and argue that attempts to connect contemporary hermeneutical philosophy to legal theory are legitimate and important undertakings. In part III, I contend that contemporary philosophy can benefit from an interdisciplinary exchange with law.
26 U. Tol. L. Rev. 127 (1994)
Mootz, Francis J. III, "Law and Philosophy, Philosophy and Law" (1994). Scholarly Works. Paper 97.