Philosophy of Law

Catalog description

Credits 3. 3 Lecture Hours. Philosophy challenges students to understand, articulate and evaluate arguments from multiple points of view. Students survey debates regarding foundational philosophical issues about the law. While the specific issues covered may vary from semester to semester, paradigmatic topics include: what makes a law a law, the relation of law to morality, the appropriate aim of criminal punishment, the basis of criminal responsibility, methods for interpreting the U.S. Constitution, the scope or limits of a specific constitutional right, the obligation to obey the law and civil disobedience, critiques of liberalism and the aim of tort law. Students examine major jurisprudential theories — such as natural law, positivism, realism and critical and phenomenological approaches — to understand how legal systems define justice, obligation and authority. Readings include both historical and contemporary jurisprudence as well as case law. Prerequisite: Junior or senior classification or approval of instructor.