Notes for a Philosophy of Law in the Work of Roger Scruton

This article aims to provide a series of notes on what constitutes the philosophy of law of Roger Scruton. Scruton’s philosophy of law is harmoniously linked to his conservative worldview, which emphasizes the concepts of order, tradition, and custom in shaping the legal realm. I contend that Scruton’s legal philosophy is a defense of English common law that can never be separated from a particular people, serving as both a tradition and a philosophical tenet that is necessary for conservatives to articulate their political beliefs. The article intends to lay the groundwork for future analysis of what I consider to be an underexplored aspect of Scruton’s work.