Observation:
Charles Fried, The Artificial Reason of the Law Or: What
Lawyers Know, 60 TEXAS L. REV. 35 (1981).
Abstract:
In this Observation, Professor Fried notes that law is a
distinct subject, a branch neither of economics nor of moral
philosophy, and that it is in that subject that judges and
lawyers are expert. Thus, it is the subject that law professors
should teach and that law students should learn. He states that
law is a relatively autonomous subject and that rights will be
best and most reasonably respected if reasoning about them is
done within this special discipline. Professor Fried illustrates
his thesis by giving concrete examples, such as from principles
of contract law. He posits that elaboration of principles of
contract, tort, and restitution cannot be sensibly viewed as an
exercise in economics or moral philosophy; rather this has been
what Lord Coke called “the artificial Reason” of the law.