17.021
Philosophy of Law
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
- [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.
- ———. The Concept of Law . 2nd ed. Edited by Penelope Bulloch and Joseph Raz. Oxford University Press, 1997. ISBN: 9780198761235.
- [Schauer] Dworkin, Ronald. Selections from Chapters 2 and 4 of “Taking Rights Seriously.”
- [Schauer] Dworkin, Ronald. Selections from Chapters 7 and 11 of “Law’s Empire.”
- Wolff, Robert Paul. “The Conflict Between Authority and Autonomy.” In In Defense of Anarchism . University of California Press, 1998. ISBN: 9780520215733.
- Dworkin, Ronald. Selections from Law’s Empire . Belknap Press of Harvard University Press, 1986, pp. 190–215. ISBN: 9780674518360.
- [Schauer] Bentham, Jeremy. Chapter 1 (Sections 1–11), and Chapters 13–14 from “An Introduction to The Principles of Morals and Legislation.”
- [Feinberg] Mill, John Stuart. “The Liberal Argument from On Liberty .” Excerpts from Chapters 1 and 2, and Chapter IV.
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
- Course catalogue ↗2026–2027
- MIT OpenCourseWare ↗Spring 2012
- MIT OCW calendar ↗
- MIT OCW syllabus ↗
- MIT OCW readings ↗
- Historical MIT OpenCourseWare offering. Named reading entries and schedule topics are automatically extracted from the linked source pages.