This course is an
introduction to
the philosophy of law - that is,
problems
generated by philosophical reflection on the law. Rather than trying to
describe
what (if anything) these problems have in common, it is better to
simply
provide some examples that will be discussed in class:
1) Is there a
duty to obey the
law?
2) The law often
(perhaps always)
claims authority over citizens.
Indeed
authority may be a condition for the existence of law. But isn't the
very
idea of authority incompatible with moral autonomy, that is, with the
idea
that one should do what one thinks is, all things considered, morally
right
-- and not simply act because someone tells one what to do? Isn't
authority
always illegitimate? And if it is, doesn't that mean law cannot exist?
3) Does every
legal system have a
sovereign, that is, a
person (or
group of people) who is the ultimate lawmaker? If so, who is the
sovereign
in the American legal system -- the people of the United States? the
original
ratifiers of the Constitution? the judges who interpret the
Constitution?
4) Can
sovereignty be divided? Is
sovereignty divided (e.g. between
the
federal government and the states) in the American legal system?
5) Must the
sovereign always be
unconstrained by the law because he
(or
she or it) is the ultimate source of all law? Is there such a legally
unlimited
sovereign within the American legal system?
6) Is
international law really
law? Can international law bind the
United
States or does such law bind only to the extent that American law
recognizes
it?
7) Is the law
simply whatever a
court says it is?
8) What is law?
Is it
reducible to sociological facts (e.g.
facts
about relationships of power)? Is it reducible to morality? Is it
something
entirely different, neither sociological nor moral?