Philosophy of Law
Greg Canada
Maurer School of Law
What is law? For something that permeates and influences so much of our lives, it can be hard to grasp upon reflection. Is the law whatever a sovereign commands? Or is there a higher moral law or some external standard that limits what a ruler can legislate? And what about the role of judges? Do they merely apply the law as it is legislated or is how they decide cases more interpretative and harder to distinguish from legislation? When judges interpret the law, how ought they go about doing this? Are they constrained by the written word and the intent of legislators, or can they draw on other sources in their interpretation? Is the law thoroughly political? Is the notion of justice by rule of law an ideological façade, the function of which is to mask law’s oppressive nature? As citizens, what constraints do we encounter when it comes to following the law? Do we have a standing duty to obey the law or are there some cases in which disobedience is justifiable? In this 3-unit honors course, we will explore these and other questions about the nature of law, its application, and its reach.
Catalog Information: HON-H 237 LAW AND SOCIETY