Law, Jurisp & Social Thought 204 - Philosophy of Law

In this course, we will consider philosophical questions about the nature and "normativity" of law - questions such as: What is law? What does it mean to live under the "rule of law"? What is the relationship between law and morality? Do we have an obligation to obey the law and, if so, why? What, if anything, legitimates the use of force to punish those who transgress the law? Is it possible to have law without an enforcement mechanism, for instance in the international context? What does it mean to speak about human rights? Do such rights exist independently of "positive law"? We will read both historical texts (for instance, by Aristotle, St. Thomas Aquinas, and Thomas Hobbes), as well as more recent work by philosophical and legal theorists (such as H.L.A Hart, Ronald Dworkin, and Martha Nussbaum) and decisions by the U.S. Supreme Court.

Spring semester. Professor Gooding

How to handle overenrollment: Priority to philosophy majors, then LJST majors, then by seniority

Students who enroll in this course will likely encounter and be expected to engage in the following intellectual skills, modes of learning, and assessment: Emphasis on written work, readings, oral presentations, and class discussion.