Fall 2018 - CRIM 338 D100
Philosophy of Law (3)
Class Number: 7938
Delivery Method: In Person
Course Times + Location:
Fr 12:30 PM – 2:20 PM
RCB 8100, Burnaby
Exam Times + Location:
Dec 14, 2018
12:00 PM – 3:00 PM
AQ 3182, Burnaby
1 778 782-4873
Prerequisites:CRIM 101 and 135.
Introduction to the philosophy of law. Concepts of law, constitution and sovereignty. The nature and sources of the law. Examination of natural law, legal positivism, Kelsen's pure theory of law, legal realism, modern normative and analytical theories, critical legal theory and feminist theory.
This course begins with a survey of some of the dominant classical and modern theories about the nature of law. These include natural law theory, legal positivism, legal realism, interpretive theories of law, critical legal studies and feminism. Our concerns will then become focused upon the philosophical dimensions of specific areas of legal controversy and debate. These include law and liberty, the connection between law and morality, civil disobedience, the legitimacy of torture, and the nature of rights. Lectures and discussions will also include a consideration of philosophical issues that arise in criminal law. These include a consideration of different bases for criminal liability, and a consideration of the aims and limits of criminal punishment.
- Participation 10%
- Test #1 20%
- Test #2 (in final exam period) 20%
- Short Paper 20%
- Quizzes (3% x 10) 30%
1. Keith C. Culver & Michael Giudice (eds.). Readings in the Philosophy of Law (3rd Edition). Peterborough, ON: Broadview, 2017.
2. H.L.A. Hart. The Concept of Law (3rd Edition). Oxford: Oxford University Press, 2012.
3. Additional readings will be available through Canvas or through Library resources.
Department Undergraduate Notes:
ATTENTION: STUDENTS WITH A DISABILITY: Please contact the Centre for Students with Disabilities, (MBC 1250 or Phone 778-782-3112) if you need or require assistance, not your individual instructors.
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