486 Jurisprudence (Nye)

LAW486

Jurisprudence: The Rule of Law

(Nye)

Prerequisite courses:

Prerequisite for:

Instructor(s): Professor Hillary Nye

Course credit: 3

Method of presentation: Seminar

METHOD OF EVALUATION

The evaluation will be a combination of writing assignment(s) and participation.

COURSE DESCRIPTION

What is law? And what does it mean to be ruled by law? In this course we will explore these intertwined questions from a philosophical perspective. Throughout, our concern will be the normative problem of how to structure our social relationships in ‘legal’ form. The core of the Rule of Law is the idea that citizens must be able to plan and order their behavior, and know what the legal implications of their actions will be. We will examine competing versions of the Rule of Law, comparing formal, procedural, and substantive accounts. A fundamental dilemma for the Rule of Law is that it seems to pull us in two different directions: that of predictability and that of justice. Sometimes these values line up, but when they don’t, what value do we choose to uphold? Does the Rule of Law require strict adherence to previously established rules? Or does it permit us to sacrifice predictability for the sake of justice? We explore these questions primarily through philosophical writings as well as by looking at how courts have interpreted the Rule of Law in their jurisprudence.

SPECIAL COMMENTS

Description updated 2022-23. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY)

No textbook required. Readings will be posted to TWEN.