This course provides a systematic consideration of fundamental issues in the conception and practice of law. We’ll first consider the nature of law. Is law derived from moral principles or created by legislative fiat? Is international “law” law? We’ll then discuss moral limits on the law. Which principles should guide the state’s restriction of citizens’ liberties? Next we’ll consider the ethics of criminal punishment. What, if anything, justifies punishment by the state? In what ways are policing and incarceration in the contemporary United States racially discriminatory? We’ll finish by considering some questions concerning constitutional law and legal reasoning. Why have a constitution? When judges interpret the law, do they discover it or, in effect, make it up as they go along? Readings will include selections from philosophy, legal theory and court decisions.
Prerequisite: Open to first-years who have taken one course in philosophy. Open to sophomores, juniors and seniors without prerequisite.
Distribution: Religion, Ethics and Moral Philosophy
Professor: Helena de Bres
Contact: hdebres@wellesley.edu
Website: https://sites.google.com/wellesley.edu/helenadebres/home
Office: Founders 320
Class time: Tues / Fri, 9:55-11:10
Venue: Pendleton East 327
Office hours: Tuesdays 2:15-3:15, Fridays 11:15-12:15, or by appointment.
You're welcome to drop by my office as often as you like during these times, either solo or in a small group with other students.
No need to have a specific question--we can chat about class material, philosophy, writing, or whatever else is on your mind.
If the set times don't work for you, email me and we can arrange an appointment at a different hour.
If we have to shift to zoom, we'll use this link.
Communication:
Outside of class, we'll be communicating via our Google Group, which has the following email address: phil-226-01-sp25@wellesley.edu
I'll make all announcements via the Group, and you can also use it to send messages to the class as a whole.
You'll submit your weekly reading responses (instructions here) via the Group too.
You'll submit your assignments to me, anonymized, over email.
Readings: You will need one book for the course:
Tommie Shelby, The Idea of Prison Abolition (Princeton University Press, 2022)
All other readings are PDFs linked to our course schedule, on this site.
Other: You can find course policies and extra resources at those links right there.
Art: This site is decorated with protest art sourced off the internet to remind us all that, though philosophy may sometimes be abstract, actual law is anything but. Resist!