Syllabus
Philosophy of Law
Spring 2008
NOTE: This syllabus
will be filled out over the course of the semester. For an idea of what
we will deal with in the course, take a look at last
year's syllabus
(which will, however, differ from this year's in a number of respects).
I.
Does every legal
system have an unlimited and unitary sovereign?
Reading:
Introduction
and Chapter
One
II.
What is the rule
of recognition in the American legal system?
Reading:
Chapter Two
III.
The paradox of
self-amendment
Reading:
Chapter Three
IV.
Is there a moral
duty to obey the law?
Reading
Chapter Four
V.
Is legitimate
authority possible?
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?
Reading
Chapter Seven
VIII.
Can laws
contradict each other?
Reading
Chapter Eight
IX.
Is international
law really law?
Reading
Chapter Nine
X.
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?
Chapter
Thirteen
XIV.
What difference do
theories of the meaning of words make to the interpretation of the law?
Chapter
Fourteen
XV.
Does the debate over moral
realism make a difference to whether the law should incorporate
morality?
Chapter
Fifteen
XVI.
Can Positivist
Theories Explain the Normativity of Law?
Chapter
Sixteen
XVII.
Can the
positivist accept that morality is sometimes incorporated into the law?
Chapter
Seventeen
Paper
on Kelsen
XVIII.
Economic vs.
Corrective Justice Accounts of Tort Law
Chapter
Eighteen