Philosophy of Law

Catalog description

This course surveys philosophical questions concerning any legal system. What counts as a law? Do judges interpret or create new law? How can laws be unfair? What kinds of punishment, if any, are appropriate? When is civil disobedience justified? Could there be international law, and how can rights be enforced? These questions will often be asked in the context of the American system of common law and statutes, and thus will overlap with questions of federalism, constitutionalism, democracy, the police and prison systems, and social and economic structures. They will also require investigating the views of human nature underlying various philosophical positions. In general, the course examines the relations between human values, ethics, and law and the way these relations affect the organization of broader social, political, and religious institutions.