Aristotle, law, and contemporary jurisprudence (Review of Duke, Aristotle and Law: The Politics of Nomos)

“The law is reason free from passion.” Thus spoke Harvard Law School Professor Stromwell in the 2001 film Legally Blonde, quoting Aristotle in his Politics (Pol 3.16.1287a33, in Ross 1957). Although a single shout-out to Aristotle in a popular film does not prove a resurgence of neo-Aristotelian jurisprudence in the academy, it does illustrate the pitfalls we face in a culture that traffics in meme quotations risibly attributed to great minds. Thus, George Duke is to be commended for showing why, although there is a sense in which Aristotle believes that law is reason free from passion, things are more complicated than that. Duke argues that Aristotle’s seemingly dispersed statements on law and legislation are unified by a commitment to law’s status as an achievement of practical reason, and his book provides a systematic exposition of the significance and coherence of Aristotle’s account of law and indicates the relevance of this account to contemporary legal theory.