Philosophy of Law

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.

This course will be on the part of the law known as private law — the part that adjudicates disputes between private citizens where one person is alleged to have suffered harm through the wrongdoing of another. Among the questions with which we will be concerned are the following: What constitutes a legal harm in such a context? What, in the eyes of the law, counts as one person being the cause of another person’s suffering? What sort of redress or compensation may one justifiably seek for such suffering? Who has a right to decide such questions? What justifies the use of sanction or force — and when is it justified — in the enforcement of such legal decisions? The first half of this course will present a selective historical genealogy of our contemporary understanding of how to go about answering such questions. The second half of the course will be on contemporary theories of private law. The historical portion of the course will begin by examining the origins of the modern distinction between private and public law in Aristotle’s ancient distinction between corrective and distributive justice. Next we will briefly consider what private legal adjudication looks like in the absence of the state, first by reading an Icelandic Saga and then by watching John Ford’s classic western The Man Who Shot Liberty Valence. (A)

This course will be an introduction to the philosophy of law. The first third will cover some historical classics: Plato's Crito, and selections from Aristotle's Nicomachean Ethics, Kant's Doctrine of Right, Hegel's Outline of the Philosophy of Right, and Austin's The Province of Jurisprudence Determined. The second third of the course will cover some classics of postwar Anglo-American jurisprudence, including selections from H.L.A. Hart, Ronald Dworkin, Richard Posner, and Ernest Weinrib. The final third of the course will explore in a little further detail philosophical problems that arise in the following areas: the philosophy of tort law, theories of constitutional interpretation, and feminist jurisprudence. (A)

The notion of Human Rights has become one of the most prominent conceptions in modern political language – both as a widely popular normative standard and as the object of much criticism. In this course, we will explore some fundamental issues in the philosophical foundations of human rights alongside their implementation in international human rights law and their historical development, as well as some popular criticisms. This course will be of interest to interested in social, legal and political philosophy, international relations, as well as to students considering law school. (A)

Animals are in trouble all over the world.  Intelligent sentient beings suffer countless injustices at human hands: the cruelties of the factory farming industry, poaching and trophy hunting, assaults on the habitats of many creatures, and innumerable other instances of cruelty and neglect.  Human domination is everywhere: in the seas, where marine mammals die from ingesting plastic, from entanglement with fishing lines, and from lethal harpooning; in the skies, where migratory birds die in large numbers from air pollution and collisions with buildings; and, obviously, on the land, where the habitats of many large mammals have been destroyed almost beyond repair.  Addressing these large problems requires dedicated work and effort. But it also requires a good normative theory to direct our efforts. 

This class is theoretical and philosophical.  Because all good theorizing requires scientific knowledge, we will be reading a good deal of current science about animal abilities and animal lives.  But the focus will be on normative theory.  We will study four theories currently directing practical efforts in animal welfare: the anthropocentric theory of the Non-Human Rights Project; the Utilitarian theory of Jeremy Bentham, J. S. Mill, and Peter Singer; the Kantian theory of Christine Korsgaard; and an approach using the Capabilities Approach, recently developed by Martha Nussbaum.  We will then study legal implications and current legal problems, in both domestic and international law.

This course will be an introduction to the philosophy of law. The first third will cover some historical classics: Plato's Crito, and selections from Aristotle's Nicomachean Ethics, Kant's Doctrine of Right, Hegel's Outline of the Philosophy of Right, and Austin's The Province of Jurisprudence Determined. The second third of the course will cover some classics of postwar Anglo-American jurisprudence, including selections from H.L.A. Hart, Ronald Dworkin, Richard Posner, and Ernest Weinrib. The final third of the course will explore in a little further detail philosophical problems that arise in the following areas: the philosophy of tort law, theories of constitutional interpretation, and feminist jurisprudence. (A)

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.
 

Animals are in trouble all over the world.  Intelligent sentient beings suffer countless injustices at human hands: the cruelties of the factory farming industry, poaching and trophy hunting, assaults on the habitats of many creatures, and innumerable other instances of cruelty and neglect.  Human domination is everywhere: in the seas, where marine mammals die from ingesting plastic, from entanglement with fishing lines, and from lethal harpooning; in the skies, where migratory birds die in large numbers from air pollution and collisions with buildings; and, obviously, on the land, where the habitats of many large mammals have been destroyed almost beyond repair.  Addressing these large problems requires dedicated work and effort. But it also requires a good normative theory to direct our efforts. 

This class is theoretical and philosophical.  Because all good theorizing requires scientific knowledge, we will be reading a good deal of current science about animal abilities and animal lives.  But the focus will be on normative theory.  We will study four theories currently directing practical efforts in animal welfare: the anthropocentric theory of the Non-Human Rights Project; the Utilitarian theory of Jeremy Bentham, J. S. Mill, and Peter Singer; the Kantian theory of Christine Korsgaard; and an approach using the Capabilities Approach, recently developed by Martha Nussbaum.  We will then study legal implications and current legal problems, in both domestic and international law.

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.

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.