Law, Strategy and Democracy: A Response to Duff

abstract   In this response to Antony Duff's paper, I raise doubts about the method of moving from internal to external critique, suggesting that external critique, focusing on more basic principles in moral and political philosophy, has primacy, and that internal critique, if it is done well, will very quickly turn external. I then suggest a different distinction: that between pure and strategic philosophical work, suggesting that more strategic work might be done in legal philosophy to improve the impact of philosophical work on those more concerned with policy. Finally, I suggest that more philosophically focused work on law and democracy has become increasingly important in the light of developments in criminal justice, something missing from Duff's account .