Spring 2015 course
Meets: 8:00-10:00 AM, Yi A-212
What is LAW? What is the normativity (die Geltung) of law? What is the relationship of law to morality? What are legal rights and duties? What does it mean for a judge or citizen to "follow the law" or "apply the law"?
This course will consider these and other basic questions of legal philosophy in four main parts: the concept of law; legal norm and legal system; the relationship of law to morality; the legal methodology; besides two brief introductions on main Chinese topics in jurisprudence and main streams of western jurisprudence.
Readings will consist of the writings of jurists including Hart, Fuller, Dworkin, Raz, Kelsen etc. Training in analytic jurisprudence will be helpful but is not required.
Prerequisite: Jurisprudence I, pre-reading of brief introduction on legal positivism and natural law theory.