Course Description
The nature and function of law, with emphasis on the interpretation and application of the law in the judicial process. Readings in classical and contemporary schools of the philosophy of law.
Additional Requirements for Graduate Students:
Longer term-paper, possibly an in-class presentation, and higher standards for all assigned work.
Athena Title
Philosophy of Law
Prerequisite
PHIL 2030 or PHIL 2030H or PHIL 2030E or any 3000-level PHIL course or permission of department
Semester Course Offered
Offered spring
Grading System
A - F (Traditional)
Course Objectives
Students should be able to articulate and explain major philosophical theories of law, and to discuss and write cogently about central philosophical issues of law and legal theory.
Topical Outline
Normally this course will include some review of standard jurisprudential theories and topics in legal theory, including some of the following: I. Legal positivism II. Natural Law Theory III. Legal Realism IV. Legal Formalism V. Legal Conventionalism VI. Legal Pragmatism VII. Economic Jurisprudence VIII. Feminist Jurisprudence IX. Critical Legal Studies X. Critical Race Theory XI. Legal Obligation XII. Professional Obligations XIII. Legal Competence XIV. Insanity defense XV. Capital Punishment XVI. Theories of Criminal Punishment (Retributivism, Education theory, Utilitarianism, Therapeutic theories of punishment) XVII. Civil Disobedience XVIII. Freedom of Speech XIX. Constitutional interpretation XX. Constitutional rights XXI. Law and Liberty
Syllabus