Introduction to Legal Theory: Modes of Legal Argument

3 credits · Law School

Exploration of legal and constitutional interpretation: how to interpret a legal text. Formalism and textualism, purposivism, originalism, process theory, economic analysis, realism and legal pluralism. What arguments are permissible within our legal tradition? Where does law come from? What makes it legitimate? Is there a pre-existing template for market economies that frames the interpretation of the laws governing markets? How do we interpret the public/private distinction in society? Is the understanding of law affected by living in a democratic, free-market, constitutional country? These questions will be explored in context of concrete legal issues.