[1.] Law and Philosophy.

 

[1.1.] Introduction to the Philosophy of Law.

 

[1.1.1.] Philosophy as Inquiry.

 

The word “philosophy” derives from the Greek term for “love of wisdom” (philos = love, sophia = wisdom).

 

My preferred definition of “philosophy” is more specific than that:

 

philosophy (df.): the area of inquiry that attempts to discover truths involving fundamental concepts, such as the concepts of God, knowledge, truth, reality, the mind and consciousness, free will, right and wrong.

 

Not all philosophers would agree with this definition of philosophy! The definition of philosophy is itself a topic of debate among philosophers.

 

In particular, not all philosophers conceive of philosophy as an area of inquiry...

 

inquiry (df.): an attempt to discover truths about the world; research.

 

Even more specifically, not all philosophers believe that philosophical questioning can ever lead to truth.

 

We will be considering a number of different philosophical questions in this course. My own operating assumption (my “regulative assumption of inquiry”) is that there is an answer to each question we ask... if we don’t assume that there is an answer, why bother asking the question?

 

 

[1.1.2.] Philosophy of Law.

 

Philosophy of law asks relatively general and abstract questions concerning law and legal systems.  Questions we will be covering in this class (and some of the philosophers whose work is relevant to these questions) include:

 

·         Why is law important? What would a society without laws be like? (Hobbes)

·         Does anyone have an obligation to obey the law? If so, what is the source of this obligation? (Socrates/Plato)

·         Is it ever morally permissible to disobey the law, i.e., to engage in civil disobedience? (Rawls)

·         In the absence of a world government, is international law possible? (Kant)

·         What is the nature of law itself, and in particular, what is the connection between law and morality? (natural law theorists vs. legal positivists)

·         What is the nature of legal reasoning? (legal formalists vs. legal realists vs. constructivists)

·         What are the different types of freedom/liberty?

·         How might freedom of speech be defended? (Mill)

·         How might religious freedom be defended? (Locke)

·         What is a right?

·         What is the right to privacy (abortion, death)?

 

 

 

Stopping point for Monday January 8. For next time, read: pp.4-9, which includes excerpts from Thomas Hobbes’ Leviathan.