Philosophy. Study the fundamental nature of knowledge, reality and existence.

The laws of a society embody both its highest ideals and its worst nightmares. This philosophy of law course examines the origins of law and why humans invent laws for themselves. Jurisprudence is the area of philosophy interested in the study of the fundamental concepts underpinning legal systems. We will compare different cultural and historical systems of law, engage in lively discussions on issues such as sedition, torture, human rights and the problem of evidence, and the connection of law to ethics, culture and science.

Law, in its broadest sense, is the body of rules that a society use to oblige its members to act (or refrain from acting) in certain ways. Anthropologists claim that every human society has a set of rules. The legal positivist H.L.A. Hart shows that even at the local or customary level, the essential feature that makes a rule a law (as opposed to a suggestion, opinion, or preferred way of doing things) is a mechanism for enforcing the rule. ‘Law’ is therefore an enforceable rule. At its simplest level, it is the power to enact punishment or withhold privileges, benefits, or goods from others.

The course engages with a growing body of literature on many new areas of law and society, diversity and identity politics. These issues are reflected in new publications such as: The Cambridge Companion to the Philosophy of Law (2020) and The Cambridge Companion to Legal Positivism (2021).

Outcomes

By the end of this course, you should be able to:

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