Philosophy: Phil of Law: Jurisprudence

Exploration of topics in philosophy of law, such as analysis of the nature of law, the relation between law and morality, legal obligation, and the judicial decision. May repeat for credit with different content. Topics vary by offering; periodic offering at intervals that may exceed four years. Prerequisite: One course in Philosophy, POLS 1200, or POLS 1012.

Prerequisite: one course in Philosophy PACE students by permission and override.

This is a course in jurisprudence, taught from a philosophical viewpoint and centered around the centuries-old question, "What is law?" We take a semi-historical approach, considering a number of families of positions (especially Natural Law and its offshoots, Positivism, Legal Realism, and Formalism), most of them refined over the last 50-100 years. The question at the heart of this course is vastly important, in part because the answers bear on questions about the relationship (if any) between law and morality, legal obligation, and the interpretation of legal standards found in statutes and Constitutional provisions. When you see a judge being considered for confirmation to the U.S Supreme Court, these questions are always close at hand.

The course will be a mix of lecture and structured discussion, centered on careful readings of a small number of texts. Students will be expected to spend a good deal of time reading and rereading the material prior to each class and to attend class regularly. All materials will be made available on line at no charge. The pace will accelerate as the term continues and students become better acquainted with philosophical ways of thinking. The main point of the course is to help students learn to think and express themselves more clearly on this topic. We will have fun and work hard every day!

Grades are likely to be based on two examinations and a 10-12 page term paper. For exams, I typically hand out two to four long essay questions in advance. If so, the only surprise is which question(s) I pick for you to answer, (mostly, at least) closed book. A student's grade can be affected negatively by unexcused absences (or, in very rare cases, disruption) and positively by helpful participation in class discussions. Requirements, method of instruction, and even specific content are subject to change (but not after the term starts, barring an emergency).