24.235
Philosophy of Law
Examines fundamental issues in philosophy of law, such as the nature and limits of law and a legal system, and the relation of law to morality, with particular emphasis on the philosophical issues and problems associated with privacy, liberty, justice, punishment, and responsibility. Historical and contemporary readings, including court cases. Instruction and practice in oral and written communication provided. 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 17.021[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.