Time Schedule:
Laurence A Bonjour
PHIL 414
Seattle Campus
Nature and function of law. Relation of law to morality. Legal rights, judicial reasoning.
Class description
This course will be concerned with two main sets of issues, the first a set of issues in the philosophy of law and the second a set of background issues in political philosophy: (i) What are the correct standards for the legal interpretation of written law in general and of constitutions in particular (focusing especially on the U. S. Constitution)? (ii) What is the justification for the restrictions on democratic government that such a constitution imposes (focusing again on the U. S. Constitution in particular)? We will look first at the originalist view of Antonin Scalia and Robert Bork and then at the opposing views of Ronald Dworkin and perhaps others. We will also consider some of the relevant Supreme Court decisions, concentrating mainly on those having to do with the (alleged) right of privacy, but also examining a number of others (including the forthcoming “Obamacare” decision). And we will spend some time on an examination of the details and structure of the U.S. Constitution itself. TEXTS: A Matter of Interpretation, Antonin Scalia; The Tempting of America, Robert Bork.
Student learning goals
General method of instruction
Recommended preparation
At least two previous PHIL courses recommended. No freshmen.
Class assignments and grading
