[Feinberg] = Feinberg, Joel, and Jules Coleman, eds. Philosophy of Law. 8th ed. Wadsworth Publishing, 2007. ISBN: 9780495095057.
[Schauer] = Schauer, Frederick, and Walter Sinnott-Armstrong, eds. The Philosophy of Law: Classic and Contemporary Readings with Commentary. Oxford University Press, 1995. ISBN: 9780195155129.
| SES # | TOPICS | READINGS |
|---|---|---|
| 1 | Introduction | |
| I: What is Law? | ||
| 2–3 | What is the difference between laws and commands? |
[Schauer] Austin, John. Selections from Lectures I, V, and VI of “The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence.” [Feinberg] Hart, H. L. A. “Law as the Union of Primary and Secondary Rules.” Also available in: ———. The Concept of Law. 2nd ed. Edited by Penelope Bulloch and Joseph Raz. Oxford University Press, 1997. ISBN: 9780198761235. |
| 4 | How do we determine the content of laws? Do laws have moral content? |
[Schauer] Dworkin, Ronald. Selections from Chapters 2 and 4 of “Taking Rights Seriously.” |
| 5–6 | How should judges interpret the law? |
[Schauer] Dworkin, Ronald. Selections from Chapters 7 and 11 of “Law’s Empire.” [Feinberg] Scalia, Antonin. “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws.” [Feinberg] Dworkin, Ronald. “Comment.” |
| II: The Obligation to Obey the Law | ||
| 7–8 | Is there an obligation to obey the law? Skepticism about political obligation… |
Wolff, Robert Paul. “The Conflict Between Authority and Autonomy.” In In Defense of Anarchism. University of California Press, 1998. ISBN: 9780520215733. Smith, M. B. E. “Is There a Prima Facie Obligation to Obey the Law?” The Yale Law Journal 82, no. 5 (1973): 950–76. |
| 9–10 | Optimism about political obligation… |
Dworkin, Ronald. Selections from Law’s Empire. Belknap Press of Harvard University Press, 1986, pp. 190–215. ISBN: 9780674518360. Raz, Joseph. “Authority and Justification.” Philosophy and Public Affairs 14, no. 1 (1985): 3–29. |
| 11 | Should we sometimes disobey the law? |
[Schauer] Rawls, John. “The Justification of Civil Disobedience.” Optional Reading[Feinberg] King, Martin Luther, Jr. “Letter from Birmingham Jail.” |
| III: Responsibility and Punishment | ||
| 12 | When exactly does an act cause harm? |
[Schauer] Hart, H. L. A., and Tony Honore. Selections from “Causation In The Law.” |
| 13 | Where does the burden of proof lie? |
[Schauer] Kaplan, John. “Decision Theory and the Factfinding Process.” |
| 14 | What counts as evidence of guilt / liability? |
[Schauer] Thomson, Judith Jarvis. “Liability and Individualized Evidence.” |
| 15–16 | Is it appropriate to punish acts that “successfully” cause harm (e.g., murder, vehicular manslaughter) more severely than similar acts which, merely as a matter of good luck, do not? |
Cushman, Fiery. “Crime and Punishment: Distinguishing the Roles of Causal and Intentional Analyses in Moral Judgment.” Cognition 108, no. 2 (2008): 353–80. Lewis, David. “The Punishment That Leaves Something to Chance.” Philosophy and Public Affairs 18, no. 1 (1989): 53–67. |
| 17–18 | What, if anything, justifies punishment of offenders by the state? |
[Schauer] Bentham, Jeremy. Chapter 1 (Sections 1–11), and Chapters 13–14 from “An Introduction to The Principles of Morals and Legislation.” Rawls, John. “Two Concepts of Rules.” The Philosophical Review 64, no. 1 (1955): 3–32. |
| IV: Harm, Liberties, and the Law | ||
| 19–20 | When is the state justified in interfering in the lives of its citizens? |
[Feinberg] Mill, John Stuart. “The Liberal Argument from On Liberty.” Excerpts from Chapters 1 and 2, and Chapter IV. [Feinberg] Dworkin, Gerald. “Paternalism.” |
| 21–22 | What are the justifications for and limits of freedom of speech? |
Scanlon, Thomas. “A Theory of Freedom of Expression.” Philosophy and Public Affairs 1, no. 2 (1972): 204–26. Langton, Rae. “Speech Acts and Unspeakable Acts.” Philosophy and Public Affairs 22, no. 4 (1993): 293–330. |
| 23 | Can we harm people by bringing them into existence, and should we be liable for that harm? |
Shiffrin, Seana Valentine. “Wrongful Life, Procreative Responsibility, and the Significance of Harm.” (PDF) Legal Theory 5 (1999): 117–48. |
| V: Legal Ethics | ||
| 24–26 | What special ethical problems do lawyers face? |
Wasserstrom, Richard. “Lawyers as Professionals: Some Moral Issues.” Human Rights Quarterly 5, no. 1 (1975): 105–28. Applbaum, Arthur. “Professional Detachment: The Executioner of Paris.” Harvard Law Review 109, no. 2 (1995): 458–86. |
