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Practical
Moral Philosophy for Lawyers
Finding Our Way to Philosophy
Prologue
I am looking for a way to do philosophy, to make
space for it in the antagonistic stances we have taken up toward it
in contemporary professional life. I am looking to do philosophy in
places where it seems most unlikely to be done, in and around the world
in which students learn to be lawyers and eagerly take on a legal world-view
that holds philosophical matters in disdain.
And yes, there are students, even those who have set out to be lawyers,
fully prepared to do philosophy and make it part of their working professional
life. I don't know how they come to such unusual receptivity. Yet, there
they are, always to be found, often reluctant participants in a conversation
that will expose their philosophical inclinations.
There are many ways to do philosophy. I am less concerned here about
the academic study of philosophy, more anxious to get started to see
what we might have to say and do as philosophers, imagining the work
of philosophy as part of our working lives. It is not academic philosophy
that calls me forth, rather the philosophy we are already doing, enacting,
actively rejecting, philosophy that already occupies a place at the
center of our daily concerns and activities.
I confess I am not and have never been a student of philosophy, not
the philosophy taught in philosophy departments, the philosophy of the
academic texts. All too much of today's academic philosophy I find unbearable.
Free of the demands of academic philosophy, I have been free to meander,
to work with the small fragments of philosophy I encounter in my reading
that speak most directly to me. I have been governed, perhaps foolishly,
by the notion that I can travel in what Robert Pirsig calls the "high
country of the mind" and return to the world in which my teaching
and writing take place with intellectual artifacts that can be put to
use in thinking about the philosophies we enact in our everyday professional
lives. And yes, there is a philosopher, Socrates, who I know as a teacher.
But having made no determined study of Socratic philosophy, I follow
him only as a teacher, attentive to his walks in the agora (which
I have retraced) and in conversations with law students conducted in
a way he might have imagined.
There is no escape from philosophy. The question is only whether a philosophy
is conscious or not, whether it is good or bad, muddled or clear. Anyone
who rejects philosophy is unconsciously practicing a philosophy.
Beginnings
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