This course will analyze law and legal institutions from the perspective of moral and political philosophy. These are some of the questions we will investigate:
- Do we have a moral obligation to obey the laws of our state? If so, to what extent and why?
- When is the state justified in restricting our individual liberties against our will?
- What does it mean to have a right to privacy, or a right to free speach?
- What is it for everyone to be equal under the law, regardless of religion, race, class, disability, and gender?
- When should discrimination based on race (or gender, or sexual orientation, or disability) be illegal?
- What justifies punishment under the law? Is the death penalty justified? What about felon disenfranchisement?
Along the way, we will touch on the following topics: anarchism, civil disobedience, racist hate speech, religious accommodation, causes of racial inequality, voting rights, affirmative action, and sexual harassment. We will read works by historical figures as well as contemporary legal philosophers, historians, and sociologists. And we will also look at some statutes and landmark court decisions.
The course will help students develop their argumentative skills, through written work and class discussion. Students will be encouraged to defend their own views on these questions, using the assigned readings and lecture material as starting points.
Course Requirements:
Students will be assessed on the basis of active participation in discussion, short argumentative papers, an in-class presentation, and a final exam.
Intended Audience:
This course will not assume any previous familiarity with philosophy.
Class Format:
2 hrs lecture with some question & answer and 2 hrs of discussion per week