Discussion

Extract

In his admirable analysis of the juristic theory of the state, Dr. Willoughby has said that “analytical political philosophy” views the state “simply as an instrumentality for the creation and enforcement of law.” The point of view from which this philosophy proceeds is thus fixed. It is professedly the legal point of view.

It is, however, precisely by peculiar and distinctive points of view from which phenomena are observed, that sciences or philosophies are differentiated one from another. Two philosophies cannot occupy the same standpoint. If there is to be discussion of a philosophy of politics which asserts its viewpoint to be that of a philosophy of law, then it is necessary to define very clearly the relationship between politics and law.

As these concepts have been defined by the analytical school, it is obvious that they are intimately connected. By the opponents of this school it may be objected that, when correctly conceived, politics and law are perfectly distinct. It may perhaps be held that what is known as law in modern society is not essentially political at all; but that it has merely happened as an accident of modern political development that a part of the law has received the additional and nonessential sanction of political authority.