This chapter contains sections titled: Modern Legal Theory and the Impact of Realism Policy Science Legal Process References.

This short paper appears in a volume of original essays, On Philosophy in American Law (Francis J. Mootz III ed., Cambridge Univ. Press 2009). I argue that the undeniable rift between philosophy and law is more than a simple dichotomy of theory and practice. Instead, the sharp distinction between philosophy and law occurred when both disciplines built insular guilds that employed distinctive vocabularies to distinguish themselves from rhetoric, and it is by returning to their roots in rhetoric that philosophy and (...) law might find their common ground in the elucidation of rhetorical knowledge. (shrink)