법학에 철학적 상상력의 자리는 있는가?

This paper aims at reviewing the historical relationship between law and philosophy and its meaning in the contemporary jurisprudence and legal theory. This paper suggests that interaction between law and philosophy can promote jurisprudence and legal science, although relationship between them at present time is no more intimate as it was in the traditional world. Reasons on which the claim suggested by this paper relies can be summarized as follows:Firstly, a divorce between law and philosophy in the course of the historical development shows the fact that the principled justification of law became more vulnerable and thereby that law became a mere doctrinal system. Secondly, according to the legal argumentation theory of contemporary jurisprudence, which presupposes the concept of law as persuasion and argument, legal judgment ought to be grounded on rational reason as well as legal reason. Therefore, philosophy as an art of rational analysis and argument can contribute to legal interpretation and judgment. Lastly, the fact that more creative and critical approaches to legal interpretation are required following the evolution of law attests that law can be more fully understood, or more intelligible, when both lawyer's and philosopher's perspectives employed.