Jurisprudence

Course Description

On any given issue, a lawyer's typical question is: What is the relevant law? This is generally a 'local' question in the sense that the answer to it tends to differ depending on the jurisdiction in which the question is raised and the relevant law applies. In contrast, jurisprudence (or philosophy of law) is interested in what the law is in more general, or absolute, terms. That is, jurisprudence investigates the law as a unique social-political phenomenon, one with more or less universal characteristics that can be discerned through philosophical analysis. Jurisprudence assumes that the law possesses certain features by its very nature or essence as law, whenever and wherever a society is governed by law. There are several reasons for a philosophical interest in law. First, there is the intellectual interest in understanding law as a complex social phenomenon, which addresses some of the most intricate aspects of human culture. Second, law is also a normative social practice that guides human behavior, giving rise to reasons for action. However, law is not the only normative domain in our culture; morality, religion, social conventions and the like also guide human conduct in many ways. Therefore, the understanding of the nature of law also requires understanding how law differs from these similar normative domains, how it interacts with them, and whether its intelligibility depends on other normative orders, like morality or social conventions.

Code

PHIL 626

Credits

2-3

Subject

Law