PHIL 6411

PHIL 6411

Course information provided by the Courses of Study 2020-2021.

The seminar is aimed to equip graduate students with the necessary academic background to teach philosophy of law. The seminar is divided in two main parts: during the first half of the semester we will cover the main philosophical controversies of the 20th century about the nature of law and some of the central themes in general jurisprudence. In the second half of the semester we will focus on contemporary literature in legal philosophy, focusing on some of the new philosophical debates that come up in current literature. Two or three guest speakers will be invited to present their work in progress.

When Offered Fall.

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Syllabi:
  •   Regular Academic Session.  Combined with: LAW 7612

  • 4 Credits Sat/Unsat

  • 16787 PHIL 6411   SEM 101

    • M Online Meeting
    • Sep 2 - Dec 16, 2020
    • Marmor, A

  • Instruction Mode: Online
    The content of the seminar focuses on three main topics: metaphysical foundations, language & law, and authority. In the first part we will revisit the Hart v Dworkin debate on the nature of law from the perspective of debates about grounding and reduction in metaphysics. In the second part we will focus on the communicative aspects of law, trying to examine how recent advances in philosophy of language (in particular, pragmatics) can be brought to bear on some crucial aspects of legal communication. We will also revisit some challenges involved in the Hart v Dworkin debate from a methodological perspective, drawing on a possible distinction between metaphysical and interpretative theories of social reality. Finally, we will discuss the nature of practical authority and its bearing on the nature of law.