Philosophy of Law (PHIL352)
Dr. Amanda Trefethen
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? Why, when, and how are we constrained by the law? 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 tort law, free speech rights, privacy rights, paternalism, and the duty to rescue. Our readings will be drawn primarily from the historical development of the philosophy of law, including works by such philosophers as Thomas Aquinas, John Stuart Mill, John Austin, H.L.A. Hart, Lon Fuller, John Rawls, Judith Thomson, Margaret Radin, and Ronald Dworkin.
This course satisfies multiple GE categories: Upper-division C, Upper-division D, and WI Capstone F