Exploring the Interplay of Philosophy and Law: Insights from a Panel Discussion

Written By : Dwija Bhatt

On a lively evening at the University of Toronto Scarborough (UTSC), a thought-provoking panel discussion took place, co-hosted by the Law Society of UTSC and the Association of Philosophy Students. The event centered on the nuanced relationship between philosophy and law, exploring how these two seemingly distinct disciplines intersect and shape one another. The discussion highlighted the impact of societal morals and norms on legal frameworks and, in turn, how legal systems influence the development of ethical and philosophical thought. The moderator opened the event by underscoring the need for interdisciplinary thinking, stating, "No discipline exists in isolation." This call for interdisciplinary thinking inspired the audience to approach the evening's discussions with an open mind and a willingness to explore new ideas.

Introduction of Panelists

The panel was a rich tapestry of diverse perspectives featuring three distinguished speakers. Ayo Sogunro, a writer, social critic, human rights advocate, and Nigerian lawyer, brought a global human rights perspective to the discussion of justice and ethics. Michael Law-Smith, a Joint JD/PhD candidate and Canada Graduate Scholar in the Department of Philosophy at the Faculty of Law, University of Toronto, offered an academic and philosophical lens. Lastly, Humza Khan, a second-year law student at the University of Toronto and a former philosophy major at UTSC, provided the perspective of a budding legal scholar, well-versed in both disciplines.

The Role of Justice

The discussion of justice took center stage early in the conversation. Humza's view that "there's always a balancing act" highlighted the principle of proportionality in justice, suggesting that legal decisions are rarely straightforward. His emphasis on finding an "appropriate balance" between competing rights, interests, and societal needs reflected the complexity of achieving fairness in legal practice.

Ayo added another dimension by arguing that "the absence of injustice is justice," focusing on the negation of harm as a critical aspect of justice. This perspective aligns with the broader philosophical concern of minimizing harm and addressing systemic injustices. Michael's contribution, while more reflective of his experience in law, admitted the absence of a "grand comprehensive theory of justice," reinforcing the idea that justice is fluid, situational, and deeply contextual. His remark that "these powers cry out for justification" further emphasized the need for constant moral scrutiny within legal institutions.

Together, these perspectives painted a picture of justice that goes beyond rule adherence, emphasizing the need for ethical deliberation, transparency, and accountability in legitimizing legal outcomes. This intersection of philosophical and legal reasoning suggests that justice is not just an outcome but a process that requires continuous reflection on societal norms and ethical frameworks.

Ethics and Interdisciplinary Knowledge in Legal Practice

As the discussion progressed, the panelists shifted toward the role of ethics and interdisciplinary knowledge in law. Humza spoke of the ethical dilemmas legal professionals often face, particularly when deciding whether to pursue charges in the public interest. He noted that legal decisions are seldom formulaic, requiring a "value-based judgment" to navigate complex societal issues. This reflects a broader truth about law which legal professionals must grapple with, that being ethical questions with grave  consequences they must deal with.

Michael agreed, pointing out that while some lawyers may succeed without profoundly engaging with ethical questions, specific roles, particularly in criminal justice, demand constant ethical reflection. He argued that lawyers who are drawn to this type of foundational thinking should seek out roles that challenge them to confront moral and social considerations regularly.

Ayo emphasized the moral responsibility lawyers carry, stating that their actions must not increase harm or suffering. This underscores the need for ethical reflection in all aspects of legal practice. He argued that law, like philosophy, cannot be practiced in isolation from broader societal concerns, further reinforcing the importance of interdisciplinary knowledge. 

The panelists collectively agreed on the crucial role of diverse educational backgrounds in enhancing legal practice. Humza noted that 'the legal profession is better off for having a variety of backgrounds and perspectives,' highlighting how insights from fields like sociology, anthropology, and philosophy can enrich the ethical and practical dimensions of legal decision-making. Ayo echoed this sentiment, adding that lawyers must ensure their work 'is helping advance human existence.' This holistic approach underscores the importance of interdisciplinary knowledge, suggesting that a well-rounded education not only improves legal reasoning but also fosters a deeper, more empathetic approach to justice.

Preparing for Legal Practice

The conversation naturally shifted towards the effectiveness of legal education in preparing students for the realities of legal practice. Humza underscored the importance of engaging with both sides of an argument and developing critical thinking skills in law school. He noted, however, that law schools often fall short in providing practical training for specific legal proceedings stating, "You don't necessarily learn how to do any particular proceeding or run a trial unless you take those classes." 

Michael expanded on this by acknowledging a common criticism of law schools that they don't teach students the nitty-gritty of legal practice. While law school may aim to prepare students to become lawyers, it often does so by providing a broader perspective on the legal system, rather than focusing on the details of legal practice. He argued that this broader educational approach is valuable, stating, "There's something to be said for a law school education that consciously takes a broader perspective. You’re gonna think more generally about what the legal system is, the types of reasoning, the types of arguments that are made."

Ayo contributed by reflecting on the emotional and psychological journey of becoming a lawyer, pointing out that law schools don't prepare students for the personal challenges they will face in their careers. He argued that no school can fully equip students for the mental and emotional demands of the profession: "Law school doesn’t prepare you well for all of that. It is a process you have to go through." 

The discussion revealed a consensus that while law school provides an important foundation, it falls short in preparing students for the practical and emotional realities of legal practice.

Bridging Philosophy and Law

One of the more thought-provoking moments of the discussion came when the panelists addressed the sometimes cynical divide between philosophy and law. Michael acknowledged the skepticism that often exists, explaining, "There's a huge debate about whether legal principles and concepts are what drive the law or whether it's really just judges' personal reactions and political decisions." This critique is commonly referred to as the “realist perspective,” which argues that legal outcomes are influenced more by subjective preferences than by philosophical ideals. Michael countered this viewpoint by emphasizing that even within this criticism, there's an appeal to a broader philosophical ideal, one that strives for a principled approach to decision-making rather than one driven solely by personal biases. He added, "When judges are faced with multiple reasonable interpretations of the law, they do have to appeal to broader theoretical ideals to decide which interpretation aligns best with the system."

Humza contributed to this by underscoring the importance of having individuals who are philosophically inclined in positions of legal power. "You don't get positive changes unless the people who care about it are in those positions," he said, stressing the need for lawyers who not only perform their job but also understand the deeper "why" behind their decisions. He acknowledged that while much of legal practice may not deal with high-minded philosophical questions on a daily basis, the broader impact of these issues, such as eroded legal protections, demands attention from those in the legal profession.

Ayo supported this view, adding that there is proper "space for that abstract theoretical, philosophical approach" within the law. He highlighted how philosophical reasoning can help lawyers ensure their actions "are not increasing harm or suffering in the world," reinforcing the moral responsibility of the legal profession to engage with deeper ethical considerations. 

Together, the panelists illustrated how the interplay between philosophy and law is not only relevant but essential. Philosophy provides the critical framework for understanding justice, ethics, and morality—concepts that are foundational to legal practice. By bridging the gap between these disciplines, legal professionals can cultivate a more nuanced understanding of human experiences, thereby enhancing their ability to advocate for justice. Recognizing the interconnectedness of law and philosophy allows for more meaningful legal outcomes, fostering a system that is both ethically grounded and socially responsible.

Conclusion: 

In summary, the panel hosted by the Law Society of the University of Toronto and the Philosophy Students Association at UTSC provided a rich exploration of how philosophical principles intersect with legal practice, particularly in matters of justice, ethics, and education. The discussion underscored the importance of interdisciplinary learning in shaping a legal profession that is both ethically grounded and intellectually rigorous. As the law continues to evolve, the dialogue between philosophy and law remains vital in fostering a more just and reflective legal system, one that fully embraces the complexities of the human experience in its pursuit of justice.