SMNR: Law and Liberty

Course Information

Registration Information

Meeting Times

Day Time Location
TUE 3:55 - 5:45 pm JON 6.257

Evaluation Method

Type Date Time Location
Paper

Description

The legal system of a liberal democracy properly works to secure for all who are subject to its authority the blessings of liberty.  This seminar will be a study of different conceptions and theories of the liberty that such legal systems are supposed to secure.  Among the different conceptions the study will cover are those of negative liberty, positive liberty, and civic republican liberty, and it will cover in association with these the theories of classical liberalism, welfare state liberalism, and civic humanism.  The readings and seminar discussions will focus on both conceptual questions about the nature of these different types of individual liberty and normative questions about which type or types ought a legal system of a liberal democracy secure and, if it ought to secure more than one, in what contexts ought one or another be given greater priority.  Should freedom of contract, for example, prevail over freedom from exploitative labor practices?

Textbooks ( * denotes required )

Republicanism : A Theory of Freedom and Government *
Pettit, Philip
Oxford University Press, Incorporated
ISBN: 978-0-19-829642-3
On Liberty *
Mill, John Stuart
Hackett Publishing Company, Incorporated
ISBN: 978-0-915144-43-3
Against Autonomy : Justifying Coercive Paternalism *
Conly, Sarah
Cambridge University Press
ISBN: 978-1-107-64972-9

Instructors

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