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Scepticism in law has arisen in late nineteenth century, not merely as a protest against idea of natural law, but also as a reaction against formalism of legal positivists. Legal Scepticism, is also commonly known as Legal Realism. This is an inept label in the context of philosophy because the word 'realism' is also used for school of thought founded by Plato and his followers. Therefore some prefer the word 'scepticism’. The word 'realist' is inept in the context of philosophy because American legal sceptics are also against the philosophy of Plato and his followers. The reason for this preference for the use of word 'scepticism' is not only that this word is used in the writings of sceptic jurists themselves, but also that this word is suitable in the context of history of philosophy. ==Origin== Scepticism in philosophy, is a general name for the philosophic or scientific attitude that rejects claims to certainty. Scepticism has been known in various degrees. Pyrrho was the first philosopher who developed it to a high degree. Greek Sophist were also sceptics. Protagoras was a famous Greek Sophist. It is interesting to note that Greek Sophists were also law teachers. Bertrand Russell gives a good description of historical context of scepticism and it relation to legal education. Writing about the courts of Athenian democracy, he writes: "In general, there were a large number of judges to hear each case. The plaintiff and defendant, or prosecutor and accused, appeared in person, not through professional lawyers. Naturally, success or failure depended largely on oratorical skill in appealing to popular prejudices. Although a man had to deliver his own speech, he could hire an expert to write a speech for him, or, as many preferred, he could pay for instruction in the arts required for success in the law courts. These arts the Sophists were supposed to teach.".〔History of Western Philosophy, p.92〕 Stumpf writes about Sophists as, "It was their skepticism and relativism that made them suspect. No one would have criticized them for training lawyers, as they did, to be able to argue either side of a case" Philosophy, History & Problems, p. 30. American legal sceptics are influenced by 'pragmatism' of William James, Dr. John Dewey, and F.e.S. Schiller. According to Bertrand Russell, William James's doctrine is an attempt to build a superstructure of belief upon a foundation of scepticism. And one of the three founders of pragmatism, Schiller, was in the habit of calling himself a disciple of Protagoras. See 〔Russell's History of Western Philosophy, p.94 and p.772.〕 These are the reasons for the preference of some peuple for the word 'scepticism'. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Scepticism in law」の詳細全文を読む スポンサード リンク
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