Legal philosophy C 415
Not offered in 1995
15 points * Three 1-hour lectures per week * Clayton * Prerequisites: See section 3 of the faculty resolutions
Ethical theory and legal criticism. This subject is concerned with analysis and justification of concepts and ideals appealed to when legal rules, institutions, decisions and practices are evaluated; for example goodness, the public interest, fairness, justice, equality, liberty and rights. In the first part of the subject some contemporary moral and political theories are studied. Particular attention is given to possible conflicts between liberty and equality, and between individual rights and the general welfare. In the second part of the subject, some specific controversies concerning the proper role of law are considered: for example abortion, pornography, punishment and Aboriginal land rights. Fundamental questions in moral philosophy are raised: what is morality? Can moral disputes be resolved by reasoned discussion?
Assessment
Assignment/essay: 40% * Terminal examination: 60%