|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."
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|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…|| |
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…|| |
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."
[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.