The philosophy of law: A brief introduction

Author: Judge Emeritus Silvio Meli. Publishers: Kite Group / October 2020

Philosophy of law: A brief introduction by Judge Emeritus Silvio Meli is a most fascinating legal discipline. It not only imparts specific focus on issues of extreme relevance but also helps one to understand one’s historical roots, instilling a wellgrounded sense of identity. It presents a properly oriented knowledgeable attitude towards matters legal and enhances the promotion of a well-structured intellectual compass upon which one bases one’s professional outlook.

This discipline helps one to charter an accurate private and professional itinerary basing one’s orientation on well-established objective, academic and practical grounds. Synthetically speaking, it is perhaps the single most important legal discipline as it helps one to achieve those professional deontological standards required and secures a solid foundation upon which to erect a lasting professional edifice so that when dealing with the thorny questions that the legal profession presents from time to time, the readers will be able to orient themselves in a manner that is as sound, objective, wellinformed and focused as possible.

This work published by Kite Group is principally addressed to three broad categories. Primarily it is directed towards law students and so tries to be as clear, concise and as pleasing as is humanly possible aiming at attracting the interest and attention of this targeted group – one which is unfortunately already faced with so many distractions. Secondarily, it is addressed to seasoned legal practitioners who, while absorbed in their fastpaced daily practice, might find it intellectually stimulating to take some time-off to pause and ponder about perhaps the long-forgotten motivations which made them choose this particular profession as their career. Thirdly, it also aspires to be refreshingly gratifying to those lacking a legal background but who might just happen to be genuinely interested and are favourably inclined to approach these issues in good faith and with an open mind.

This book strives to instil that degree of confidence that is deemed necessary in confronting such academic difficulties as might arise by strengthening one’s scientific knowledge of the subject buttressing same with the essential historical background that is deemed de rigueur in properly understanding the personalities encountered and the diverse themes discussed. Readers are gently assisted in entering into a constructive dialogue with past and present masters so that they may then attain that level of constructive resolve to accept or reject the various theses presented and help them surmount

all philosophical and academic difficulties that may uselessly hinder their intellectual evolution. It is then solely up to the readers to come to their own personal, well-reasoned, objective and discerning conclusions, adopting whatever preferences might attract their imagination, inclination and judicious outlook they might eventually uphold.

This is but a brief introduction. In embarking on this endeavour the book first attempts to familiarize the reader with the true protagonists who introduced, established and developed the major issues involved in this subject. Following this general, albeit subjective, panorama of philosophers, the book addresses the thorny question of addressing the definition of law giving as broad an overview thereof as is possible. The book then flows into an examination of the major schools of philosophy of law starting with an examination of the Positivist School of Law, which may broadly be seen as either structuralist or linguistic, even venturing into concrete practical situations emerging therefrom. It subsequently drifts into an analysis of the Natural Law School of Law, tracing its historico-philosophical origins from inception to modern times. This compendium then addresses the pressing issues of the Rule of Law and the Notion of Juridical Personality which are very topical in the modern socio-legal scenario. Finally, Feminist Jurisprudence is addressed perhaps for the very first time in a local opus on the subject. The book is further enriched with a Forward by Rev. Dr Mark Montebello O.P. and an Afterword by Dr Jean-Paul de Lucca – two leading philosophers who are very active in the local academic and practical arenas.

This book is an important contribution to academia. It aims at giving structure, meaning and orientation to this particular branch of learning. It delineates the boundaries of the subject-matter discussed, encapsulates precise definitions and establishes a structured organisational set-up of the issues discussed. This book gently introduces rigorous academic methodology enabling readers to relate to the subjectmatter from a pleasantly advantageous point of view making it possible for them to compare and evaluate precepts, notions and outlooks appertaining to the various legal doctrines encountered. It is only after submitting to the rigours of such exercise that the interlocutor may then decide to prefer one particular school of philosophy of law over another. This book therefore nourishes and incentivises the reader by giving focus, stimulus, orientation, meaning and ultimately, much required manageability.

Echoing the immortal words of Oliver Wendell Holmes, a solid background of philosophy of law strengthens the reader’s insight and confidence as: “The remoter and more general aspects of the law are those which give it universal interest. It is through them that you not only become a great master in your calling, but connect your subject with the universe and catch an echo of the infinite, a glimpse of its unfathomable process, a hint of the universal law.”

Signed copies are available from www.kitegroup.com.mt

Judge Emeritus Silvio Meli