PHI222 - Philosophy of Law

Hammer

Outline:

This course will explore fundamental issues in the Philosophy of Law. We will consider the origins of law, the sources of legal authority and the relationship between law and morality. We will consider the views of classic legal theorists such as J.L. Austin and H.L.A Hart, before looking at issues in criminal law like punishment and responsibility. We will also look at the nature of tort law, and investigate tort law notions like strict liability and permissible risk imposition. The course will then investigate issues in international law, such as the nature of an international legal system, and the rules governing the waging and fighting of war.

Preparatory Reading

H.L.A. Hart, “Positivism and the Separation of Law and Morals”, Harvard Law Review, 71 (1958), pp. 593-529
Lon Fuller, “Positivism and Fidelity to Law - A Reply to Professor Hart”, Harvard Law Review, 71 (1958), pp. 630-672
H.L.A. Hart, The Concept of Law, (Oxford: Clarendon, 1994)
Jules Coleman, Risks and Wrongs, (Cambridge: CUP, 1992)

Assessment:

Two coursework essays (50%) and a two-hour examination, which will not be pre-released (50%)

Lecturer:

Helen Frowe

Lectures: Autumn Semester

Mondays 11-12 [AT-LT1]
Mondays 1-2pm [AT-LT1]

Seminars:
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Wednesdays 10-11 [AT10.31]
Wednesdays 12-1pm [AT 9.27]
Wednesdays 1-2pm [AT 9.27]