PHIL 435 - Philosophy of Law

Institution:

Case Western Reserve University

Subject:

Description:

This is an examination of the general nature of law, the broad concerns of jurisprudence, the study of comparative law, and many of the issues raised in the literature of legal philosophy. Students will examine the principles of legal positivism, mitigated natural law, and rights theory. Selected readings and cases will illustrate these theories, which will also be examined in the context of rule selection by new governments in developing or revolutionary societies. The course also looks at the general nature of legal systems: how politics, morality, and individual views of justice and rights affect particular court cases and the course and development of law generally. Topics will include abortion, obscenity and sin, civil disobedience, affirmative action, surrogatehood, and the death penalty. This is unlike any other of the legal theory or jurisprudence courses, and those who have sampled legal theory elsewhere in a different form are welcome and encouraged to enroll. Recommended preparation: PHIL 101. Offered as LAWS 353, PHIL 335, and PHIL 435.

Credits:

3.00

Credit Hours:

Prerequisites:

Corequisites:

Exclusions:

Level:

Instructional Type:

Lecture

Notes:

Additional Information:

Historical Version(s):

Institution Website:

www.case.edu

Phone Number:

(216) 368-2000

Regional Accreditation:

North Central Association of Colleges and Schools

Calendar System:

Semester

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