This course provides a systematic consideration of fundamental issues in the conception and practice of law. We will first consider the nature of law. Is law derived from moral principles or created by legislative fiat? Is international “law” law? We will then discuss moral limits on the law. Which principles should guide the state’s restriction of citizens’ liberties? Is refusal to obey the law ever justified? Next we will consider the ethics of criminal punishment. What, if anything, justifies punishment by the state? In what ways are policing and incarceration in the contemporary United States racially discriminatory? We will finish by considering questions of constitutional law and legal reasoning. Why have a constitution? When judges interpret the law, do they discover it or, in effect, make it up as they go along? Readings will include selections from philosophy, legal theory and court decisions. 

Units: 1

Max Enrollment: 25

Prerequisites: Open to First-Years who have taken one course in philosophy and to Sophomores, Juniors, and Seniors without prerequisite.

Instructor: de Bres

Distribution Requirements: REP - Religion, Ethics, and Moral Philosophy

Semesters Offered this Academic Year: Spring

Notes: Not open to students who have taken PHIL 326.