Foundations of Law

Catalog description

This course explores the history and conceptual underpinnings of modern law in the West. What exactly is law? What is its relationship with politics and religion? Where do our notions of constitutionalism come from? How have we come to think in terms of rights? Using a historical and comparative approach, we will examine legal thought and culture in the European West from the Greek concept of nomos to the main categories of law developed in Roman antiquity, concepts of constitutionalism and rights crafted in medieval Europe, the development of the two main legal traditions of Europe (Common Law and Civil Law), and the emergence of intellectual property, human rights discourse and modern international law. The course will blend intellectual, political and social history. We will study concepts and intellectual categories such as crime, proof, punishment and the public/private distinction alongside illustrative cases that either exemplified the law or pushed it forward, foundational documents such as Magna Carta, and political developments such as the Peace of Westphalia, credited with the birth of modern state sovereignty and modern international law. Together, these subjects form core foundations of how we think and do law today.