everything.study
17.021

Philosophy of Law

3-0-9 units. HASS-H · Undergraduate

See description under subject 24.235[J] . Enrollment may be limited; preference to Course 24 majors and minors.

Spring 2012

Topics

  • Introduction
  • What is the difference between laws and commands?
  • How do we determine the content of laws? Do laws have moral content?
  • How should judges interpret the law?
  • Is there an obligation to obey the law? Skepticism about political obligation…
  • Optimism about political obligation…
  • Should we sometimes disobey the law?
  • When exactly does an act cause harm?
  • Where does the burden of proof lie?
  • What counts as evidence of guilt / liability?
  • 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?
  • What, if anything, justifies punishment of offenders by the state?
  • When is the state justified in interfering in the lives of its citizens?
  • What are the justifications for and limits of freedom of speech?
  • Can we harm people by bringing them into existence, and should we be liable for that harm?
  • What special ethical problems do lawyers face?

Readings

Prerequisites & course information

Same subject as 24.235[J] Prereq: One philosophy subject or permission of instructor U (Spring) Not offered regularly; consult department 3-0-9 units. HASS-H

Sources