PHIL 3480 - [Philosophy of Law]

(KCM-AS, ETM-AS)

Spring. Not offered: 2021-2022. Next offered: 2022-2023. 4 credits. Student option grading.

Prerequisite: one previous course in philosophy.

J. Markovits.

This will be a class on various topics in the philosophy of law. Some questions we’ll be considering: What is law? Do laws have moral content? What is the proper role of judges in interpreting the law? What do alternatives to our legal system look like? Is there an obligation to obey the law? Might there sometimes be an obligation to disobey the law? What, if anything, justifies punishment by the state? What counts has having an excuse for wrongdoing? What counts as good evidence of guilt? What are the justifications for and limits of the right to free speech? When, if ever, is paternalistic interference by the state into the lives of its citizens justified? And what special ethical problems do practicing lawyers face?