Philosophy of law
Richard Holton
8 points * 2 hours per week * First semester * Clayton * Prerequisites: First-year philosophy followed by any two eight-point second-year philosophy subjects or by two compulsory law subjects, unless special permission is given by head of department
The subject deals with moral and political aspects of law, including the differences between moral and legal obligation, the nature of legal rules and principles, and the relation between law and morals. Particular attention will be paid to disputes about whether the law, especially in hard cases, can be identified without necessarily invoking moral values, and about the senses, if any, in which judicial discretion is legitimately exercised.
Assessment
Written (6000 words): 100% * Optional replacement of one essay by a 3-hour examination
Prescribed texts
Dworkin R Law's empire Fontana
A collection of readings available from the department