Spring 2019 - CRIM 338 J100
Philosophy of Law (3)
Class Number: 7122
Delivery Method: In Person
Course Times + Location:
Sa 9:30 AM – 12:20 PM
HCC 1325, Vancouver
Exam Times + Location:
Apr 24, 2019
12:00 PM – 3:00 PM
HCC 1800, Vancouver
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.
- Participation 15%
- Short papers (2) 30%
- Short reflection paper 10%
- 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:
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.
- 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