Course Description
A survey of 20th-century perspectives on the nature of law and the legal process. Historical and philosophical approach, focusing on key writers and "schools," including Holmes, Cardozo, legal Realism, H.L.A. Hart, Dworkin, law and economics, public choice, critical legal studies, feminist jurisprudence, and critical race theory.
Additional Requirements for Graduate Students:
Graduate law students will not be doing any extra work beyond
that required of the Juris Doctor students. J.D. students are
post-baccalaureate students and the workload expected of them is
the same workload expected of post-baccalaureate graduate students.
Athena Title
PERSPECTIVES ON LAW
Grading System
A - F (Traditional)
Course Objectives
To provide students with a better understanding of the nature of law and the legal process, by examining general questions that underlie every law course, including: What is the rule of law? Is law autonomous? What is its relation to politics, morality and custom? What is the relationship of legal reasoning to moral reasoning and political reasoning? What issues are most appropriately addressed by courts, as opposed to legislatures, administrative agencies, or private actors?
Topical Outline
1. The Rule of Law 2. Classical Legal Thought 3. Oliver Wendell Holmes 4. Benjamin Cardozo 5. Legal Realism and the Legal Process reaction 6. Positivism and its critics (HLA Hart, Ronald Dworkin) 7. Rational choice perspectives on the law (law and economics, public choice theory) 8. Critical perspectives on the law (critical legal studies, feminist jurisprudence, critical race theory)