PHIL352 FA26
Philosophy of Law (PHIL352)
Matthew Madruga
Mondays · 5:30pm–8:15pm · LA5–246
This course will introduce students to the study of philosophical topics related to law and its adjudication. Some of the questions we will address include: What is law? How do we determine the content of laws, and what is the proper role of judges in interpreting them? How should we understand obedience, and how should we respond to unjust laws? What is punishment, and how much is enough or too much? What justifies punishment by the state? What gives law its authority? Is there an essential relationship between law and morality? Can there be a ‘right answer’ in legal disputes? And what does it mean to have ‘liberty’? Toward this end, we will analyze the theoretical debates between legal positivism and natural law, as well as engage in a discussion of more specific legal and normative topics such as free speech rights, privacy rights, paternalism, and the constitutional commitments to due process and equal protection. Our readings may include works by such philosophers and legal scholars as Aquinas, Austin, Dworkin, Fuller, Hampton, Harris, Hart, Mill, Radin, Rawls, and Thomson.
GE/GR areas: 3 UD / UD C (humanities), 4 UD / UD D (social science), GWAR WI (writing)