PHILOSOPHY OF LAW

 

 

An examination of topics in jurisprudence such as the concepts of a law and of a legal system, the legal positivist, legal realist and Natural Law theories of law, the nature of the relationship between law and morality, civil disobedience, theories of rights, freedom of speech and pornography, the death penalty, the different forms of legal liability, and the inclusion of strict liability in criminal law. Authors include St. Thomas Aquinas, John Stuart Mill, Oliver Wendell Holmes, Martin Luther King, Jr., John Rawls, H. L. A. Hart, Lon Fuller, Patrick Devlin, Ronald Dworkin, Judith Jarvis Thomson and Susan Estrich.

 

Syllabus 2006

Theories of Law

Civil Disobedience

On Liberty

Devlin and the Enforcement of Morality

Freedom of Speech

Law and Religion

Affirmative Action

The Right to Privacy and Abortion

Criminal Law, Mens Rea and the Insanity Defense

The Constitutionality of Laws

Punishment and the Death Penalty