Syllabus
Philosophy of Law
Spring 2010
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 the 2008
syllabus
(which will, however, differ from this year's in a number of respects).
I.
Is there a moral
duty to obey the law?
Reading:
Introduction
and Chapter
One
II.
Is legitimate
authority possible?
Reading:
Chapter Two
III.
Is there an
unlimited and unitary sovereign in every legal system?
Reading:
Chapter Three
IV.
What is the rule
of recognition for the American legal system?
Reading:
Chapter Four
V.
The paradox of
self-amendment.
Reading:
Chapter Five
VI.
What is a (legal)
right?
Reading:
Chapter Six
VII.
Is international
law really law?
Reading:
Chapter Seven
VIII.
Do all valid
laws belong to one comprehensive legal system?
Reading:
Chapter Eight
IX.
Does a
judge make or find law in a hard case?
Reading:
Chapter Nine
X.
Must all
legal systems with courts have
judicial review?
Reading:
Chapter Ten
XI.
Is the law
what a court says it is?
Reading:
Chapter Eleven
XII.
What
difference do theories of the meaning of
words make to the interpretation of the law?
Reading:
Chapter Twelve
XIII.
Does the debate over moral realism make a
difference to whether the law should incorporate morality?
Reading:
Chapter
Thirteen
XIV.
Can
Positivist Theories Explain the Normativity of Law?
Reading:
Chapter
Fourteen
XV.
Can the
positivist accept that morality is sometimes incorporated into the law?
Reading:
Chapter
Fifteen