Philosophy of Law

Catalog description

In recent years, the U.S. legal system has been beset by claims of overcriminalization, racially discriminatory enforcement, and inadequate or unequal protection of individual civil rights. What should we make of these claims, and what, if anything, would be implied by their truth? In seeking to answer these questions, this course will examine the nature of the law and its enforcement. We will begin by discussing the issue of criminalization and whether the expansion of the criminal law is or is not problematic. From there, we will turn to the more foundational questions of what, precisely, the law is, and what its connection to morality is or should be. Are we obligated to obey the law, and if so, why? Finally, we will ask whether it is possible for the law to remain neutral with regards to morality and politics, and whether the supposed "neutrality" of the law may itself be an instrument of oppression. If the legal system lacks the kind of neutrality that many legal theorists claim for it, what (if anything) does that license us (as citizens) to do?