
Brian Leiter is Karl N. Llewellyn Professor of Jurisprudence and Director of the Center for Law, Philosophy and Human Values. His areas of interest include Marx, Nietzsche, philosophy of law (esp. general jurisprudence, and philosophical issues about free speech and religion), and moral psychology/metaethics. He is the author of Nietzsche on Morality (Routledge, 2002; 2nd ed. 2015); Naturalizing Jurisprudence (Oxford, 2007), Why Tolerate Religion? (Princeton, 2013), Moral Psychology with Nietzsche (Oxford, 2019), and (with Jaime Edwards PhD ’18) Marx (Routledge, 2025). He is co-editor of the series Oxford Studies in Philosophy of Law and also co-editor of The Oxford Handbook of Continental Philosophy (2007).
Recent Courses
PHIL 51830 Advanced Topics in Moral, Political & Legal Philosophy: IS MORALITY OBJECTIVE OR CREATED? NIETZSCHE, PLATO AND THE GREEKS
Nietzsche claims that “genuine philosophers” (unlike “philosophical laborers” like Kant and Hegel, who simply “press into formulas” existing moralities) are creators of value, or, as he puts it, “commanders and legislators: they say, ‘Thus it should be,’ they determine first the ‘where to?’ and ‘what for’ of a people” (Beyond Good and Evil, section 211). If Kant and Hegel are not “genuine philosophers” in this sense, then who is? Homer? The Presocratics? Plato? Nietzsche? And what values then does Nietzsche create?
The first half of the seminar will examine Nietzsche’s reasons for treating moralities as historical artifacts, that can be explained in terms of the psychological needs of particular peoples at particular times, rather than timeless or objective standards governing human conduct. We then consider the possibility that Nietzsche is a “genuine philosopher,” a “creator of values,” and try to understand what that means. In the second half of the seminar, we consider whether several major Greek figures--Homer, whom Nietzsche lauds; the Presocratics, whom he, likewise, admires; and Plato, about whom Nietzsche is decidedly more ambivalent--created new values.
Nietzsche readings will be from Daybreak, The Gay Science, Thus Spoke Zarathustra, Beyond Good and Evil, On the Genealogy of Morality, and Twilight of the Idols, as well as his early lectures on Philosophy in the Tragic Age of the Greeks and “Homer’s Contest.” From the Greeks, we will consider portions of Homer’s Iliad, Plato’s Apology and Crito, as well as selections from Heraclitus and Parmenides.
Instruction permission required for students outside the philosophy PhD program or the law school.
PHIL 51830 Advanced Topics in Moral, Political & Legal Philosophy: MARX’S PHILOSOPHY AND 20TH-CENTURY MARXISM: HISTORY, ECONOMICS, THE STATE, IDEOLOGY
The first half of the seminar will introduce some major themes of Marx’s philosophy—especially historical materialism, his economics and analysis of capitalism, his theory of ideology (especially as applied to morality and law), and the early Marx’s views on human nature and human flourishing—while the second half will consider the reception and development of Marx’s ideas about history, the state, ideology, and economics in 20th-century Continental European thought, with readings from, among others, Lukács, Adorno, Kojève, Hilferding, Luxemburg, Gramsci, and others.
Instruction permission required for students outside the philosophy PhD program or the law school.
PHIL 51200 Law and Philosophy Workshop
Theme: Advanced Topics in General Jurisprudence
The Workshop will explore in more depth issues touched upon in the basic course on “general jurisprudence” at the Law School. General jurisprudence is that part of philosophy of law concerned with the central questions about the nature of law, the relationship between law and morality, and the nature of legal reasoning. Students who have taken Leiter’s “Jurisprudence I” course at the law school are welcome to enroll. Students who have not taken Jurisprudence I must contact the Professor Leiter with information about their prior study of legal philosophy. Detailed familiarity with Hart’s The Concept of Law and Dworkin’s criticisms of Hart is essential. Scheduled speakers for the Workshop include Thomas Adams (Oxford), Mark Greenberg (UCLA), Giorgio Pino (Rome III), Louis Duarte D’Almeida (Lisbon), Daniel Wodak (Penn), and the Law & Philosophy Fellow Alma Diamond, among others.
Jurisprudence I, or instructor permission based on similar background in jurisprudence. Continuing Students Only.
PHIL 51200 Law and Philosophy Workshop
Theme: Advanced Topics in General Jurisprudence
The Workshop will explore in more depth issues touched upon in the basic course on “general jurisprudence” at the Law School. General jurisprudence is that part of philosophy of law concerned with the central questions about the nature of law, the relationship between law and morality, and the nature of legal reasoning. Students who have taken Leiter’s “Jurisprudence I” course at the law school are welcome to enroll. Students who have not taken Jurisprudence I must contact the Professor Leiter with information about their prior study of legal philosophy. Detailed familiarity with Hart’s The Concept of Law and Dworkin’s criticisms of Hart is essential. Scheduled speakers for the Workshop include Thomas Adams (Oxford), Mark Greenberg (UCLA), Giorgio Pino (Rome III), Louis Duarte D’Almeida (Lisbon), Daniel Wodak (Penn), and the Law & Philosophy Fellow Alma Diamond, among others.
Jurisprudence I, or instructor permission based on similar background in jurisprudence. Continuing Students Only.
PHIL 51830 Advanced Topics in Moral, Political & Legal Philosophy: Nietzsche’s Theory of Value
The seminar will explore aspects of Nietzsche’s theory of value, especially regarding morality and aesthetics, in the context of two major intellectual 19th-century influences on his thought: naturalism (especially through Schopenhauer and German Materialism) and Romanticism. The first half of the seminar (led by Leiter) will emphasize naturalistic themes in his understanding of morality in On the Genealogy of Morality and excerpts from Beyond Good and Evil. The second half (led by Forster) will examine the influence of Romanticism, including in The Birth of Tragedy and selections from later works.
Instruction permission required for students outside the philosophy PhD program or the law school.
PHIL 51200 Law and Philosophy Workshop
Theme: Advanced Topics in General Jurisprudence
The Workshop will explore in more depth issues touched upon in the basic course on “general jurisprudence” at the Law School. General jurisprudence is that part of philosophy of law concerned with the central questions about the nature of law, the relationship between law and morality, and the nature of legal reasoning. Students who have taken Leiter’s “Jurisprudence I” course at the law school are welcome to enroll. Students who have not taken Jurisprudence I must contact the Professor Leiter with information about their prior study of legal philosophy. Detailed familiarity with Hart’s The Concept of Law and Dworkin’s criticisms of Hart is essential. Scheduled speakers for the Workshop include Thomas Adams (Oxford), Mark Greenberg (UCLA), Giorgio Pino (Rome III), Louis Duarte D’Almeida (Lisbon), Daniel Wodak (Penn), and the Law & Philosophy Fellow Alma Diamond, among others.
Jurisprudence I, or instructor permission based on similar background in jurisprudence.
PHIL 51200 Law and Philosophy Workshop
Theme: Political Realism
The Workshop will introduce and asses "political realism," both its history (in figures like Thucydides and Machiavelli) and its contemporary manifestation (in writers like Bernard Williams and Raymond Geuss), often framed in reaction to the approach to political philosophy associated with John Rawls. Alison McQueen (who will be speaking at the Workshop) characterizes political realism in terms of four central ideas : (1) politics is a distinct realm, with its own norms; it is not simply applied moral philosophy; (2) "politics is agnostic or conflictual," a fact that arises from various possible causes: "human nature and the limits of rationality, competing identities and interests, and value pluralism"; (3) "the requirements of order and stability" take priority "over the demands of justice," precisely because the former cannot be taken for granted and are difficult to maintain; and (4) realists reject approaches to politics that "fail to take seriously the psychological, sociological, and institutional constraints on political action." Workshop sessions will explore and complicate this picture of political realism, as well as try to assess the merits of this as a position in theorizing about politics; connections with legal realism in jurisprudence will also be discussed. Speakers will include Alison McQueen, William Galston, Matt Sleat, Enzo Rossi, Alex Worsnip, and the instructors, among others.
This class requires a major paper (6000-7500 words). Participation may be considered in final grading. Continuing Students Only.
PHIL 51200 Law and Philosophy Workshop
Theme: Political Realism
The Workshop will introduce and asses "political realism," both its history (in figures like Thucydides and Machiavelli) and its contemporary manifestation (in writers like Bernard Williams and Raymond Geuss), often framed in reaction to the approach to political philosophy associated with John Rawls. Alison McQueen (who will be speaking at the Workshop) characterizes political realism in terms of four central ideas : (1) politics is a distinct realm, with its own norms; it is not simply applied moral philosophy; (2) "politics is agnostic or conflictual," a fact that arises from various possible causes: "human nature and the limits of rationality, competing identities and interests, and value pluralism"; (3) "the requirements of order and stability" take priority "over the demands of justice," precisely because the former cannot be taken for granted and are difficult to maintain; and (4) realists reject approaches to politics that "fail to take seriously the psychological, sociological, and institutional constraints on political action." Workshop sessions will explore and complicate this picture of political realism, as well as try to assess the merits of this as a position in theorizing about politics; connections with legal realism in jurisprudence will also be discussed. Speakers will include Alison McQueen, William Galston, Matt Sleat, Enzo Rossi, Alex Worsnip, and the instructors, among others.
This class requires a major paper (6000-7500 words). Participation may be considered in final grading. Continuing Students Only.
PHIL 51830 Advanced Topics in Moral, Political and Legal Philosophy: Marx’s Philosophy and its 20th-Century Development
The first half of the seminar will introduce major themes of Marx's philosophy-historical materialism, aspects of his economics relevant to his critique of capitalism, Marx's early theory of human nature and flourishing, and the theory of ideology (especially as applied to morality and law)-while the second half will consider the reception and development of Marx's ideas in 20th-century Continental European thought, with a particular focus on the theory of ideology (e.g., Lukacs, Gramsci, Sartre, Althusser) and the application of that theory to art and aesthetics (e.g., Adorno, Benjamin, Lifshits). (IV)
Open to philosophy PhD students without permission and to others with permission; those seeking permission should e-mail Leiter with a resume and a detailed description of their background in philosophy (not necessarily in the study of Marx or Marxist philosophy). In the event of demand, preference will be given to J.D. students with the requisite philosophy background. This class requires a major paper of (6000-7500 words). For SRP credit students will have to do additional work in consultation with the instructors.
PHIL 51200 Law and Philosophy Workshop
Theme: Political Realism
The Workshop will introduce and asses "political realism," both its history (in figures like Thucydides and Machiavelli) and its contemporary manifestation (in writers like Bernard Williams and Raymond Geuss), often framed in reaction to the approach to political philosophy associated with John Rawls. Alison McQueen (who will be speaking at the Workshop) characterizes political realism in terms of four central ideas : (1) politics is a distinct realm, with its own norms; it is not simply applied moral philosophy; (2) "politics is agnostic or conflictual," a fact that arises from various possible causes: "human nature and the limits of rationality, competing identities and interests, and value pluralism"; (3) "the requirements of order and stability" take priority "over the demands of justice," precisely because the former cannot be taken for granted and are difficult to maintain; and (4) realists reject approaches to politics that "fail to take seriously the psychological, sociological, and institutional constraints on political action." Workshop sessions will explore and complicate this picture of political realism, as well as try to assess the merits of this as a position in theorizing about politics; connections with legal realism in jurisprudence will also be discussed. Speakers will include Alison McQueen, William Galston, Matt Sleat, Enzo Rossi, Alex Worsnip, and the instructors, among others.
This class requires a major paper (6000-7500 words). Participation may be considered in final grading. Note: Students interested in the Workshop should send Professor Leiter bleiter@uchicago.edu their resume and a description of their prior work in philosophy and/or political theory.
PHIL 51830 Advanced Topics in Moral, Political & Legal Philosophy: Nietzsche and the Hermeneutic Tradition
Hermeneutics, or the theory of interpretation, was developed in its modern form in Germany in the 18th- and early 19th-centuries by authors like Herder, F. Schlegel and Schleiermacher. Later in the 19th-century, there emerged what Ricouer subsequently dubbed a “hermeneutics of suspicion”—an attempt to reveal the hidden meanings beneath the surface meanings people express—in figures like Marx, Nietzsche and Freud. In the first half of the seminar, we will give a close reading of Nietzsche’s On the Genealogy of Morality as an exercise in the hermeneutics of suspicion, as well as consider in some detail Nietzsche’s remarks on perspectivism and interpretation. In the second half of the seminar, we will then consider the historical background to this hermeneutics of suspicion in Romantic hermeneutics. We will also give particular attention to the development of legal hermeneutics in Savigny and then, much later, through the work of Gadamer. We will conclude by returning to the hermeneutics of suspicion, especially as illustrated by Marx. (I)
Open to philosophy Ph.D. students without permission and to others with permission. Those seeking permission should e-mail Professor Leiter with a resume and a detailed description of their background in philosophy (not necessarily in the study of Nietzsche). In the event of demand, preference will be given to J.D. students with the requisite philosophy background.