Law beyond craft: Aristotle, legal education, and the practiced universal

This paper explores Aristotle’s concept of phronesis (practical wisdom) as a framework for rethinking legal reasoning in ethically pluralistic societies, introducing the concept of the “practiced universal.” It contrasts phronesis with episteme and poiesis, arguing that legal practice should not focus solely on procedural efficiency or theoretical abstraction. Instead, lawyers must exercise context-sensitive, ethically attuned judgment rooted in human cooperation and lived experience. Through a genealogical and philosophical analysis, the article traces the evolution of legal epistemology from classical foundations through modern legal formalism to contemporary critical approaches. It also addresses intellectual fragmentation in legal academia, contributing to a growing disconnect between legal knowledge and lived experience. In response, the article advocates for an educational model that fosters flexibility, empathy, and engagement with diversity as a catalyst for practical judgment. Ultimately, it asserts that phronesis, far from being a historical curiosity, can be a vital, practical resource for legal actors striving to navigate the complexity of the modern word and has profound implications for legal education, scholarship, and practice, urging lawyers to view themselves as contributors to the common good.

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Publication Details

Journal
Synthese
Published
2025-11-28
DOI
https://doi.org/10.1007/s11229-025-05339-2
Primary Topic
Legal Education and Practice Innovations
Type
article
Field-Weighted Citation Impact
0.00

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article

Law beyond craft: Aristotle, legal education, and the practiced universal

Anna Ceglarska, Iwona Barwicka-Tylek
Synthese
Legal Education and Practice Innovations
article

Law beyond craft: Aristotle, legal education, and the practiced universal

Anna Ceglarska, Iwona Barwicka-Tylek
article en

Abstract

This paper explores Aristotle’s concept of phronesis (practical wisdom) as a framework for rethinking legal reasoning in ethically pluralistic societies, introducing the concept of the “practiced universal.” It contrasts phronesis with episteme and poiesis, arguing that legal practice should not focus solely on procedural efficiency or theoretical abstraction. Instead, lawyers must exercise context-sensitive, ethically attuned judgment rooted in human cooperation and lived experience. Through a genealogical and philosophical analysis, the article traces the evolution of legal epistemology from classical foundations through modern legal formalism to contemporary critical approaches. It also addresses intellectual fragmentation in legal academia, contributing to a growing disconnect between legal knowledge and lived experience. In response, the article advocates for an educational model that fosters flexibility, empathy, and engagement with diversity as a catalyst for practical judgment. Ultimately, it asserts that phronesis, far from being a historical curiosity, can be a vital, practical resource for legal actors striving to navigate the complexity of the modern word and has profound implications for legal education, scholarship, and practice, urging lawyers to view themselves as contributors to the common good.

SyntheseVol. 206(6)
Jagiellonian University (PL)
Narodowym Centrum Nauki
Openalex Percentile: Top 47%
Legal Education and Practice Innovations
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