GOV 384N • Law and Justice
6:30 PM-9:30 PM
Law and Justice What is justice as conceived by contemporary philosophers? What is law? And what is the relationship between law and justice? John Rawls's conception of justice as fairness has dominated political philosophy for several decades, and Ronald Dworkin's defense of the proposition that moral principles have an essential role to play in law is an initially plausible view. Dworkin's view of law is usually contrasted with that of legal positivism, notably, H. L. A. Hart's version of it, which will be discussed at the beginning of the seminar. In addition to being about the nature of law, Hart's view also raises the issue of the relationship of law to justice and jurisprudence to political philosophy.
John Rawls, Justice as Fairness: A Restatement John Rawls, A Theory of Justice Ronald Dworkin, Law's Empire (other readings from H. L. A. Hart, Jules Coleman, and Brian Leiter)