Law Schedule of Classes

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215.42 sec. 001 - Foundations of Legal Philosophy (Fall 2022)

Instructor: Christopher Lee Kutz  (view instructor's teaching evaluations - degree students only | profile)
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Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person

Meeting:

Tu 2:10 PM - 5:00 PM
Location: 🔒 Log-in to view location

From August 23, 2022
To November 22, 2022

Course Start: August 23, 2022
Course End: November 22, 2022
Class Number: 32241

Enrollment info:
Enrolled: 10
Waitlisted: 0
Enroll Limit: 15
As of: 02/17 06:39 AM


This course is an introduction to (primarily) analytical legal theory through a close reading of some of the most important texts and arguments about the nature of law and legal authority of the last 75 years. We will pay special attention to questions of the relation of law to politics, history, and morality, especially when law reflects existing hierarchies and divisions of power, and to questions about the philosophical justification (if there is one) for the special role of courts in maintaining political order. Among the authors we will read are: H.L.A. Hart, Hans Kelsen, Ronald Dworkin, Jurgen Habermas, Joseph Raz, Scott Shapiro, Seana Shiffrin, and Jeremy Waldron. While the course presupposes no prior work in philosophy or legal theory, the readings are mostly drawn from philosophy.

Requirements Satisfaction:

This class may fulfill Option 2 of the J.D. writing requirement with instructor approval. In order to qualify for Option 2, all students in the class must be writing a paper of 30 or more pages. Those students who wish to use this paper for the writing requirement must get instructor approval and submit their drafts for comment and revision.

Option 2 form needed:
https://www.law.berkeley.edu/wp-content/uploads/2017/05/Writing_Requirement_2017.pdf


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Exam Notes: (P) Final paper  
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Jurisprudence and Social Policy (JSP)

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Readers:
No reader.

Books:
Required Books are in blue

  • Law's Empire
    Ronald Dworkin
    Edition: 1st/1998
    Publisher: Hart Publishing, Oxford
    ISBN: 9781841130415
    e-Book Available: No
    Price: $35.00
    Price Source: user provided
  • The Concept of Law
    HLA Hart
    Edition: 2nd edition
    Publisher: Oxford University Press - Clarendon Series
    ISBN: 9780198761235
    e-Book Available: No
    Price: 15.00
    Price Source: user provided
  • Legality
    Scott J. Shapiro
    Edition: 2013
    Publisher: Belknap Press
    ISBN: 9780674725782
    e-Book Available: No
    Price: 25.00
    Price Source: user provided

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