Fall 2019 - CRIM 338 D100
Philosophy of Law (3)
Class Number: 8542
Delivery Method: In Person
Course Times + Location:
Th 8:30 AM – 10:20 AM
RCB 8100, Burnaby
Exam Times + Location:
Dec 14, 2019
8:30 AM – 11:30 AM
SSCK 9500, Burnaby
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.
The aim of this course is to inquire into and critically explore the philosophical controversies that concern the general nature of law. What is law? What has law to do with morality? Or equality? Or justice? Were Nazi laws binding? Is civil disobedience to be punished? What is the proper role of judges in interpreting the law? This course will offer an advanced introduction to these and other related questions in legal philosophy with a view of arriving at a better understanding of the dominant classical and modern theories of law. The latter include but are not confined to the natural law theory, legal positivism, legal realism, interpretive theories of law, and critical legal studies. Furthermore, throughout this course, our concerns will be with the ways in which different philosophical discourses are brought to bear on particular legal domains, such as criminal liability, contracts, torts, equal treatment, statutory and constitutional interpretation, and stare decisis.
- Tutorial participation 10%
- Short Papers(2) 20%
- Midterm Exam 25%
- Group Presentation 10%
- Final Exam 35%
1. Michael Freeman, Lloyd’s Introduction to Jurisprudence, 9th ed (London: Sweet & Maxwell, 2014).
2. Raymond Wacks, Understanding Jurisprudence: An Introduction to Legal Theory, 5th ed (Oxford University Press, 2017).
3. Additional readings will be available through Canvas or through Library resources
Department Undergraduate Notes:
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- N.B.: Students are reminded that attendance in the first week of classes is important. However, there are no tutorials in the first week.
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ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS