PHL3610 Philosophy of Law
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Handbook entry- a brief description of the subject can be found in the handbook entry. The handbook also provides information about the unit leader, the semester and mode in which the unit is available, the contact hours and the assessment requirements.
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MUSO site - there is a WebCT site for this unit where assessment tasks, lecture notes and other unit resources will be posted. Once enrolled, students taking this unit are advised to check the WebCT site regularly.
Subject description:
Philosophers of law are concerned with fundamental questions about the nature of law and adjudication. Some of the central questions in philosophy of law include:
- How are laws related to rules?
- What makes a particular rule a law?
- What is the relationship between laws and moral obligations?
- Are we under any obligation to obey the law? All laws? Even immoral ones?
- Are legal officers under any obligation to enforce immoral laws or precedents? If so, what is the nature of that obligation?
- What is the relationship between law and the exercise of power?
- Is there a special value associated with the rule of law?
Some of the most important legal philosophers whose views will be examined in this unit are: Hart, Austin, Dworkin, Devlin, and Raz.
What is the value of Philosophy of Law?
The presence of law in a political society is of profound significance. It therefore greatly assists our understanding of our own society if we can understand the nature of law.
A number of recent political debates have touched upon some of the deepest issues in philosophy of law. For instance, the Mabo decision of the High Court has been alleged to be a case of improper judicial activism. But it is unclear what judicial activism is, and what would constitute a 'proper' judgment. By studying the philosophy of law, you will be far better placed to understand, and participate in, such disputes.
Apart from giving greater insight into the nature of political society, the study of philosophy of law has instrumental value: engaging in enquiry in philosophy of law is an excellent means of developing a whole range of skills that are valued in both professional and private life. In particular, the study of philosophy of law aids in the development of: reading skills; interpretative skills; analytical skills; reasoning skills; argumentative skills; presentation skills; and writing skills.
Who would benefit from studying Philosophy of Law?
Philosophy of Law is, of course, a suitable subject for anyone wishing to undertake a major in philosophy. In particular, it is of benefit to students with an interest in political philosophy (PHL2330 /PHL3330, PHL2510 /PHL3510). It is also likely to be of benefit to:
- People working in public policy
- Anyone who has to enforce rules or regulations as part of their working life
- Lawyers and law students.