Syllabus
Note: This is the syllabus for 2007.
It is here solely to give you a general idea of the material that will
be covered in the course. Because I will be rewriting the chapters, the
syllabus for 2008 will be different in substantial respects and will be
filled out over the course of the semester.
I.
Is there a duty
to obey the law?
Reading:
Introduction
Chapter
One
II.
Is authority
ever legitimate?
Reading:
Chapter
Two
III.
Does every legal
system have an unlimited and unitary sovereign?
Reading:
Chapter
Three
IV.
What is the rule
of recognition in the American legal system?
Reading:
Chapter
Four
V.
The paradox of
self-amendment: Can amendment clauses be used to amend themselves?
Reading:
Chapter
Five
VI.
Must laws be
enforced (or have provisions for enforcement) to be laws?
Reading:
Chapter
Six
VII.
What is a legal
right (including Hohfeld on fundamental legal conceptions)?
Reading:
Chapter
Seven
VIII.
Can laws
contradict?
Reading:
Chapter
Eight
IX.
Is international
law really law?
Reading:
Chapter
Nine
X.
Kelsen's doctrine
of the unity of law: Do all valid laws belong to one comprehensive
legal system?
Reading:
Chapter
Ten
XI.
Does a judge make
or find law in a hard case?
Reading:
Chapter
Eleven
XII.
Must all legal
systems with courts have judicial review?
Reading:
Chapter
Twelve
XIII.
Is the law what a
court says it is?
Reading:
Chapter
Thirteen
XIV.
What difference
do theories of the meaning of words make to the interpretation of the
law?
Reading:
Chapter
Fourteen
XV.
Does the
objectivity of morality matter to whether moral principles should be
included in the law?
Reading:
Chapter
Fifteen
XVI.
Can positivist
theories of law explain the normativity of law?
Reading:
Chapter
Sixteen
XVII.
Can the positivist accept that the law can
sometimes
incorporate morality?
Reading:
Chapter
Seventeen
XVIII.
Critiques of
normative law and economics
Reading:
Chapter
Eighteen