Philosophy of Law Philosophy 34 Fall 2024

The Course

The philosophy of law involves two broad kinds of questions. On the one hand, there are questions specifically about the nature of the law. We will discuss different attempts to say what the law is, paying special attention to their implications for judges. The other kind of questions are ones that are addressed in other areas of philosophy but are particularly important in the law. Here, we will look at questions about punishment and rights. The discussion of punishment will address questions about the justification of punishment and the impact of scientific advances on our understanding of responsibility. We will talk about the nature of rights in general and the right to privacy in particular. Those who complete the course should have significantly deeper understanding of the law as a social institution, the specific practices that I listed, and techniques of analysis and argument.

The course emphasizes arguments and writing. Students who successfully complete this course will learn how to construct arguments, how to interpret analytical writing, how to raise objections to arguments, and how to write extended analytical essays of their own. There will be extensive opportunities to practice these skills through discussions during class sessions. Grades reflect how well these skills are exhibited in written papers and exams.

The syllabus has a schedule of topics for discussion, readings, and assignments; it also describes the standards for grades and other policies for the class. Registered students can find all other materials on Sakai.

The Classes

Mon, Aug 26
Overview
Wed, Aug 28
Austin’s Legal Positivism
Wed, Sep 4
Legal Realism
Mon, Sep 9
Hart on Austin and the Realists
Wed, Sep 11
Hart’s Positivism
Mon, Sep 16
Fuller on Law and Morality
Wed, Sep 18
Hart on Judges
Mon, Sep 23
Dworkin on Hart
Wed, Sep 25
Test Day
Mon, Sep 30
The Speluncean Explorers
Wed, Oct 2
Scalia’s Originalism
Mon, Oct 7
Dworkin vs. Scalia
Wed, Oct 9
The Living Constitution
Wed, Oct 16
Retributivism and Consequentialism
Mon, Oct 21
Hart’s Combined Theory
Wed, Oct 23
Goldman’s Paradox
Mon, Oct 28
Hampton’s Educational Theory
Wed, Oct 30
Hard Determinism
Mon, Nov 4
Libertarianism
Wed, Nov 6
Compatibilism
Mon, Nov 11
The Case of Kevin
Tue, Nov 12
A Choice Theory of Rights
Mon, Nov 18
A Benefit Theory of Rights
Wed, Nov 20
Warren and Brandeis on Privacy