Law & Justice

Class Unique: 28698
Course Description: What is justice as conceived by contemporary philosophers? What is law? And what, if anything, is the relationship between them? John Rawls' conception of justice as fairness has dominated political philosophy for several decades, and Ronald Dworkin's view that moral principles have an essential role to play in law is an initially plausible view. Dworkin's view of law is usually contrasted with that of legal positivism, notably H. L. A. Hart's version of it, which will be discussed at the beginning of the seminar. In addition to being about the nature of law, Hart's view also raises the issue of the relationship of law to justice and jurisprudence to philosophy. Grading Policy: Essay 4,000-7,000 words (12-20 pages) = 70 percent. Discussion, including 5 CQs = 30 percent. A CQ is an insightful comment or searching question between 50 and 150 words about the next meeting's topic. These are mini-essays. If you have a question, you need to explain why you have that question. Examples: Does the author seem to contradict himself? (State the apparent contradiction.) Is some passage obscure? (What is obscure about it?) Texts: Ronald Dworkin, Law's Empire #0674518365 John Rawls, Justice as Fairness: A Restatement #0674005112 H. L. A. Hart, The Concept of Law 2nd ed. #0198761236 Leiter, Brian, Naturalizing Jurisprudence

Class Details

Meeting Days Time Location
Monday 6:00 - 9:00 pm WAG 210

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Martinich, Aloysius P Martinich, Aloysius P