Course Description
Many philosophical issues arise in connection with how we solve legal questions. This course introduces students to these issues and encourages critical thinking about them.
Several questions are explored.
1. What is law and legal system? What are the types of law?
2. What is obligation or right?
3. What is the relationship between law, morality, authority, and politics?
4. How to interpret law?
5. What is, and how to realize, the rule of law?
6. Is there an obligation to obey the law? How can law give us reasons?
7. Is there an essential difference between legal reasoning and reasoning about politics, policies, or justice?
8. What is justice?
9. What is the role of judges?
10.What justifies criminalizing various acts and administering punishment?
Throughout the course, special attention will be paid to the answers given to the above questions by major figures in the field of philosophy and law, such as Confucius, Mencius, Han Fei, Plato, Aristotle, Aquinas, Hobbes, Rousseau, Hume, Bentham, Austin, Hart, Dworkin, etc. on the one hand, and to the connections between philosophy and legal practice, especially statute and case law.
Intended Learning Outcomes
CILO-1: Students will be able to think and talk about laws in general accurately, correctly, and critically.
CILO-2: Students will be able to utilize the methodology to deal legally with the disputes for which the blackletter law is silent or ambiguous.
CILO-3: Students will be able to criticise laws justifiably and effectively.