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On these bases, philosophy of law extends ethics and political philosophy into the domain of the specifically legal. That domain, as I said above, is characterized by its rooting of grounds for present decisions about the future in facts about the past. Those facts are the sources of law, whether in express legislation, or in the practice and customs of the judiciary or others, or in publicly available doctrine of scholarly jurists. The sources are interpreted as yielding a set of normative propositions (about powers as well as obligations) which in turn are interpreted so as to be coherent in a sense richer and more demanding than mere avoidance of direct contradiction at the point of their full specification as norms of choice and action. Each such set of propositions – ―the legal system‖, ―the law of the land‖, ―our law‖, etc. -- is taken to be applicable, in principle in its entirety, to every person and fact within its jurisdiction. And the validity of each proposition of law in the legal system is taken to be controlled by other propositions within the set, and to be a precondition for its applicability to particular persons and facts. Concepts such as jurisdiction and validity are not, in their substance, unknown to political philosophy; they are already implicit in Aristotle‘s discussion of the desirability of a Rule of Law (Rechtsstaat).6 But they remain rather implicit and unarticulated until the philosophy of law takes them up out of legal discourse. It does so precisely to explain why each legal system appropriately develops these (and other) concepts as technical devices for ensuring that the rules and institutions of a legal system can relatively often do what philosophical reasoning and political deliberation as such often cannot do, viz. deliver an unequivocal answer to some relatively specific question about what will be the right choice and conduct in a specific, indeed particular situation. The capacity of positive law – the set of propositions of law of our legal system – to deliver such determinate answers is one primary way in which it links together the past, present and future of the community, gives effect to legitimate expectations or at least to legally acquired rights, including rights of property, contractual and quasi-contractual rights, trusts, rights of compensation and restitution, and so forth, and thus makes possible a vast expansion of economic and cultural life and relatively secure and autonomous familial and individual choice of conduct and vocation. All this is a part of political philosophy and the political art, a part so extended and specialized as to deserve its distinct (not separate!) place and name, philosophy of law.
