Philosophy of Law

The year-long Workshop will expose students to work in "general jurisprudence" from roughly the last five years, including some new and forthcoming work. 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. ; Confirmed speakers include Emid Ataq (Cornell), Julie Dickson (Oxford), David Plunkett (Dartmouth), Stephen Sachs (Duke), and Kevin Toh (University College London). 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 instructor 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. A final paper of 20-25 pages is required.

We will focus on Hegel’s philosophy of history and its influence on Marx’s historical materialism; and on Hegel’s critique of Christianity in the Early Theological Writings and also in the Phenomenology and its relation to Marx’s early theory of human nature in the 1840s and his critique of ideology. (I)

Emotions figure in many areas of the law, and many legal doctrines (from reasonable provocation in homicide to mercy in criminal sentencing) invite us to think about emotions and their relationship to reason. In addition, some prominent theories of the limits of law make reference to emotions: thus Lord Devlin and, more recently, Leon Kass have argued that the disgust of the average member of society is a sufficient reason for rendering a practice illegal, even though it does no harm to others. Emotions, however, are all too rarely studied closely, with the result that both theory and doctrine are often confused. The first part of this course will study major theories of emotion, asking about the relationship between emotion and cognition, focusing on philosophical accounts, but also learning from anthropology and psychology. We will ask how far emotions embody cognitions, and of what type, and then we will ask whether there is reason to consider some or all emotions "irrational" in a normative sense. We then turn to the criminal law, asking how specific emotions figure in doctrine and theory: anger, fear, compassion, disgust, guilt, and shame. Legal areas considered will include self-defense, reasonable provocation, mercy, victim impact statements, sodomy laws, sexual harassment, shame-based punishments. Next, we turn to the role played by emotions in constitutional law and in thought about just institutions - a topic that seems initially unpromising, but one that will turn out to be full of interest. Other topics will be included as time permits. (A) (I)

We will work through most of the so-called Treatise on Law in Aquinas’s Summa theologiae (I-II, qq. 90-108), together with other texts of his that offer helpful background and context. (A)

The theme for 2019-20 is “Migration and Citizenship.” Confirmed speakers as of 1/19 include David Miller, Joseph Carens, Ayelet Shachar, Adam Hosein, Adam Cox, Aziz Huq, and Seyla Benhabib, who will also be the Dewey Lecturer on January 15.

This is a seminar/workshop many of whose participants are faculty from various related disciplines. It admits approximately ten students. Its aim is to study, each year, a topic that arises in both philosophy and the law and to ask how bringing the two fields together may yield mutual illumination. Most sessions are led by visiting speakers, from either outside institutions or our own faculty, who circulate their papers in advance. The session consists of a brief introduction by the speaker, followed by initial questioning by the two faculty coordinators, followed by general discussion, in which students are given priority. Several sessions involve students only, and are led by the instructors. Students write a 20-25 page seminar paper at the end of the year. The course satisfies the Law School Substantial Writing Requirement. Students must enroll for all three quarters to receive credit.

The theme for 2019-20 is “Migration and Citizenship.” Confirmed speakers as of 1/19 include David Miller, Joseph Carens, Ayelet Shachar, Adam Hosein, Adam Cox, Aziz Huq, and Seyla Benhabib, who will also be the Dewey Lecturer on January 15.

This is a seminar/workshop many of whose participants are faculty from various related disciplines. It admits approximately ten students. Its aim is to study, each year, a topic that arises in both philosophy and the law and to ask how bringing the two fields together may yield mutual illumination. Most sessions are led by visiting speakers, from either outside institutions or our own faculty, who circulate their papers in advance. The session consists of a brief introduction by the speaker, followed by initial questioning by the two faculty coordinators, followed by general discussion, in which students are given priority. Several sessions involve students only, and are led by the instructors. Students write a 20-25 page seminar paper at the end of the year. The course satisfies the Law School Substantial Writing Requirement. Students must enroll for all three quarters to receive credit.

The theme for 2019-20 is “Migration and Citizenship.” Confirmed speakers as of 1/19 include David Miller, Joseph Carens, Ayelet Shachar, Adam Hosein, Adam Cox, Aziz Huq, and Seyla Benhabib, who will also be the Dewey Lecturer on January 15.

This is a seminar/workshop many of whose participants are faculty from various related disciplines. It admits approximately ten students. Its aim is to study, each year, a topic that arises in both philosophy and the law and to ask how bringing the two fields together may yield mutual illumination. Most sessions are led by visiting speakers, from either outside institutions or our own faculty, who circulate their papers in advance. The session consists of a brief introduction by the speaker, followed by initial questioning by the two faculty coordinators, followed by general discussion, in which students are given priority. Several sessions involve students only, and are led by the instructors. Students write a 20-25 page seminar paper at the end of the year. The course satisfies the Law School Substantial Writing Requirement. Students must enroll for all three quarters to receive credit.

As human beings, we make distinctions all the time. We cannot get by in the world without discriminating. Yet, some forms of discrimination are wrongful, and when discrimination is wrongful, it is typically considered to be a central case of injustice and unfairness. The question of what makes an incidence of discrimination wrong is thus a topic of heated social debate. This is the main question we will take up in this seminar. We will read philosophical literature on discrimination, and use legal cases as our cases studies. We will look in more detail at one case of discrimination in particular - discrimination against the disabled - and discuss the contentious topic of affirmative action.

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.

The topic for 2018-19 will be "Enlightenment liberalism and its critics," the critics coming from both the left and the right. Enlightenment liberalism was marked by its belief in human freedom and the need for justifications on any infringements of that freedom; by its commitment to individual rights (for example, rights to expression or to property); and by its faith in the rational and self-governing capacities of persons and their basic moral equality. The Workshop will begin in the fall with several classes just for students to discuss foundational readings from liberal thinkers like Locke, Kant and Mill (we may also have some outside speakers taking up Kantian and Millian themes). In the Winter quarter, we will consider critics from the left, notably Marx and Frankfurt School theorists like Herbert Marcuse. In Spring, we will turn to critics from the "right" such as Nietzsche (who rejects the moral equality of persons) and Carl Schmitt. There will be sessions with the students discussing primary texts and then sessions with outside speakers sometimes interpreting the primary texts, sometimes criticizing the critics of liberalism, and sometimes developing their ideas.