Wien Institute for Advanced Studies, Vienna Education for Citizenship
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Phil of Law 2014 Syllabus
Princeton University Politics 563/Philosophy 526 Spring 2014 Philosophy of Law Robert P. George and Michael Smith This seminar will consider a range of issues in philosophy of law with particular emphasis on various dimensions of the relationship between law and morality. Requirements: Students are required to read each week's assignments carefully and participate regularly in seminar discussions. Each student must make a presentation to the seminar. Two written work options are available: (1) a long (7000 word) paper on any topic addressed in the seminar or (2) two shorter (3500), critical essays on issues we have explored. These may, but need not, be related to the topic of one’s presentation. Those readings marked with an asterisk (*) are on e-reserve. The following books (all available in paperback editions) are worth purchasing: Ronald Dworkin, Law’s Empire John Finnis, Natural Law and Natural Rights, 2nd edition Lon L. Fuller, The Morality of Law H.L.A. Hart, The Concept of Law, 2nd edition Joseph Raz, Practical Reason and Norms Week 1: Organizational Meeting *O. W. Holmes, “The Path of the Law,” in The Essential Holmes, ed. Richard Posner, pp. 160-77 *John Austin, “The Province of Jurisprudence Determined, “ in The Philosophy of Law, eds. F. Schauer, W. Sinnot-Armstrong, pp. 32-39 *Carl Llewellyn, “The Bramble Bush, a Realistic Jurisprudence, and the common Law Tradition,” in The Philosophy of Law, eds. F. Schauer, W. Sinnot-Armstrong, pp. 53-62 Week 2: Hart's Concept of Law H.L.A. Hart, The Concept of Law, chs. I-VI *Jonathan Cohen, "Critical Notice of Hart's The Concept of Law," in Mind, Vol. -
Hegel's Philosophy of Right As a Theory of Justice
Copyrighted Material I egel’s Philosophy of Right as a H heory of ustice T J Although many contemporary philosophers have embraced Hegelian philosophy to a surprising degree—which may even help to bridge the gulf between the Analytic and Continental traditions—Hegel’s Elements of the Philosophy of Right has so far failed to exert the slightest influence on the current debates in political philosophy. Rather, in recent years—after the abrupt end of the Marxist phase and its reduction of modern right to a mere superstructure—philosophers returned on a broad front to the rationalist paradigm of the Kantian tradition, which es- sentially dominates the debate from Rawls to Habermas; and however hard these two authors in particular try to embed their Kantian concepts of justice in a realistic, almost social-scientific approach, the theoretical model of Hegel’s Philosophy of Right plays no decisive part in their thought. Nor has the situation changed much in response to the countermovement in political philosophy that came into being through the somewhat arti- ficial grouping of theoreticians as diverse as Charles Taylor, Michael Walzer, or Alasdair MacIntyre under the heading of “communitarianism.” Despite a strong tendency to award a privileged position to ethics as opposed to a formalistic prin- ciple of morality, or to communal values as opposed to arbi- trary individual freedom, no real attempt has been made in these circles to render Hegel’s Philosophy of Right fruitful for the discourse of political philosophy. Indeed, the fact that authors Copyrighted Material chapter 1 such as Michael Walzer, Alasdair MacIntyre, or Joseph Raz are trying to keep the greatest possible distance from the political philosophy of Hegel has acquired an almost symptomatic sig- nificance by now. -
The Concept of Law Revisited
Michigan Law Review Volume 94 Issue 6 1996 The Concept of Law Revisited Leslie Green Osgoode Hall Law School, York University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Public Law and Legal Theory Commons Recommended Citation Leslie Green, The Concept of Law Revisited, 94 MICH. L. REV. 1687 (1996). Available at: https://repository.law.umich.edu/mlr/vol94/iss6/15 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. IBE CONCEPT OF LAW REVISITED Leslie Green* THE CONCEPT OF LAW. Second Edition. By H.L.A. Hart. With a Postscript edited by Penelope A. Bulloch and Joseph Raz. Oxford: Clarendon Press. 1994. Pp. xii, 315. $26. Law is a social construction. It is a historically contingent fea ture of certain societies, one whose emergence is signaled by the rise of a systematic form of social control and elite domination. In one way it supersedes custom, in another it rests on it, for law is a system of primary social rules that direct and appraise behavior, together with secondary social rules that identify, change, and en force the primary rules. Law may be beneficial, but only in some contexts and always at a price, at the risk of grave injustice; our appropriate attitude to it is therefore one of caution rather than celebration. -
APA Newsletters
APA Newsletters Volume 06, Number 2 Spring 2007 NEWSLETTER ON PHILOSOPHY AND LAW FROM THE EDITOR, STEVEN SCALET ARTICLES BRIAN H. BIX “Joseph Raz and Conceptual Analysis” JULES L. COLEMAN “Law and Political Morality” TIMOTHY ENDICOTT “Interpretation, Jurisdiction, and the Authority of Law” KENNETH EINAR HIMMA “Revisiting Raz: Inclusive Positivism and the Concept of Authority” LIAM MURPHY “Razian Concepts” STEPHEN PERRY “Two Problems of Political Authority” © 2007 by The American Philosophical Association ISSN: 1067-9464 APA NEWSLETTER ON Philosophy and Law Steven Scalet, Editor Spring 2007 Volume 06, Number 2 relating to such theories. In particular, I will look at the role of conceptual analysis in legal theory, focusing on some recent FROM THE EDITOR work by Joseph Raz.1 I. Overview Edition in Tribute to Joseph Raz It was a commonplace in the history of jurisprudence to focus on the inquiry, what is law? It is worth taking a few moments Joseph Raz is professor at Columbia University Law School to consider the question more closely. and research faculty at Oxford University. His writings influence generations of scholars and his many students are now among First and foremost, there is a potential confusion (heightened 2 the leading scholars in philosophy of law. in English more than in other major languages ), as “law,” even if focused on matters jurisprudential (and not speaking of physical For this edition of the Newsletter we invited leading political laws, the laws of games, social conventions, etc.), can refer to and legal philosophers to analyze some aspect of Professor a number of different, if related, matters: most prominently, Raz’s ideas. -
A Moral Right to Dissent? the Case of Civil Disobedience
A MORAL RIGHT TO DISSENT? THE CASE OF CIVIL DISOBEDIENCE A thesis submitted to the faculty of San Francisco State University In partial fulfillment of The Requirements for The Degree ?W\L -02T5 Master of Arts in Philosophy By Juan Sebastian Ospina San Francisco, California May 2016 CERTIFICATION OF APPROVAL I certify that I have read A Moral Right to Dissent? The case of civil disobedience by Juan Sebastian Ospina, and that in my opinion this work meets the criteria for approving a thesis submitted in partial fulfillment of the requirement for the degree Master of Arts in Philosophy at San Francisco State University. Kevin Toh, Ph.D. Associate Professor, Philosophy Department Shelley Wilcox, Ph.D. Professor, Assistant Chair, Philosophy Department A MORAL RIGHT TO DISSENT? THE CASE OF CIVIL DISOBEDIENCE Juan Sebastian Ospina San Francisco, California May 2016 Joseph Raz has argued that in liberal states there is no moral right to disobedience. Raz claims that all states ought to be what he calls “liberal states,” which do not require a moral right to civil disobedience. Broadly, my focus in this paper is on describing how civil disobedience can be understood as a moral right to be included in the framework of political rights recognized in liberal states. I try to demonstrate that Raz’s argument proceeds from a limited understanding of political rights and political actions, and suggest that his conclusion is invalid or extremely exaggerated. I advance a tentative argument about the importance of this moral right to the political process of deliberative democracies, and of its inclusion in limited form among political participation rights. -
Positivism and the Inseparability of Law and Morals
\\server05\productn\N\NYU\83-4\NYU403.txt unknown Seq: 1 25-SEP-08 12:20 POSITIVISM AND THE INSEPARABILITY OF LAW AND MORALS LESLIE GREEN* H.L.A. Hart made a famous claim that legal positivism somehow involves a “sepa- ration of law and morals.” This Article seeks to clarify and assess this claim, con- tending that Hart’s separability thesis should not be confused with the social thesis, the sources thesis, or a methodological thesis about jurisprudence. In contrast, Hart’s separability thesis denies the existence of any necessary conceptual connec- tions between law and morality. That thesis, however, is false: There are many necessary connections between law and morality, some of them conceptually signif- icant. Among them is an important negative connection: Law is, of its nature, morally fallible and morally risky. Lon Fuller emphasized what he called the “internal morality of law,” the “morality that makes law possible.” This Article argues that Hart’s most important message is that there is also an immorality that law makes possible. Law’s nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. INTRODUCTION H.L.A. Hart’s Holmes Lecture gave new expression to the old idea that legal systems comprise positive law only, a thesis usually labeled “legal positivism.” Hart did this in two ways. First, he disen- tangled the idea from the independent and distracting projects of the imperative theory of law, the analytic study of legal language, and non-cognitivist moral philosophies. Hart’s second move was to offer a fresh characterization of the thesis. -
Dædalus Coming up in Dædalus: Dædalus on Life Anthony Kenny, Thomas Laqueur, Shai Lavi, Lorraine Daston, Paul Rabinow, Robert P
Dædalus coming up in Dædalus: Dædalus on life Anthony Kenny, Thomas Laqueur, Shai Lavi, Lorraine Daston, Paul Rabinow, Robert P. George, Robert J. Richards, Nikolas Rose, John Journal of the American Academy of Arts & Sciences Broome, Jeff McMahan, and Adrian Woolfson Fall 2007 on nature Leo Marx, William Cronon, Cass Sunstein, Daniel Kevles, Bill McKibben, Harriet Ritvo, Gordon Orians, Camille Parmesan, Margaret Schabas, and Philip Tetlock & Michael Oppenheimer 2007: on the public interest Fall on the E. J. Dionne Jr. Why the public interest matters now 5 on cosmopolitanism Martha C. Nussbaum, Margaret C. Jacob, A. A. Long, Pheng Cheah, public interest William A. Galston An old debate renewed 10 Darrin McMahon, Helena Rosenblatt, Samuel Scheffler, Arjun Adam Wolfson From James Madison to Abraham Lincoln 20 Appadurai, Rogers Smith, Peter Brooks, and Craig Calhoun Nathan Glazer Reflections on an elusive goal 30 plus poetry by Ted Richer, C. D. Wright &c.; ½ction by Chris Abani, Jagdish Bhagwati Some implications for economic policy 37 Wesley Brown, Alix Ohlin &c.; and notes by Phyllis Coley, Don Gary Hart The commonwealth ideal 45 Harrán, Richard Kraut, Ian Ayres &c. Christine Todd Whitman Governing in the public interest: then & now 51 Robert N. Bellah Ethical politics: reality or illusion? 59 Amy Gutmann The dangers of extremist rhetoric 70 Lance Taylor Economists & the wealth of nations 79 poetry Molly McQuade Spring’s So Sad, We Want to Know Why 88 ½ction Mary Gordon Dilly 89 dialogue Cornel West & D. Graham Burnett On Melville’s The Con½dence-Man 101 notes Omer Bartov on Eastern Galicia’s past & present 115 Harriet Ritvo on the animal turn 118 U.S. -
Book Review: Justice and Equality: Here and Now
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1987 Book Review: Justice and Equality: Here and Now. Edited by Frank S. Lucash. David P. Bryden Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Bryden, David P., "Book Review: Justice and Equality: Here and Now. Edited by Frank S. Lucash." (1987). Constitutional Commentary. 234. https://scholarship.law.umn.edu/concomm/234 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. 1987] BOOK REVIEW 493 IV In 1974, Charles H. Sheldon summed up a debate within the political science fraternity between "traditionalists" and "behavi oralists." The debate appears to have peaked during the 1960s. He wrote: This debate has been leveled at the question of the use of values in research and at the methodologies common to the behavioralists. The dialogue takes a scientific versus non- or antiscientific perspective, with the behavioralist claiming that the traditionalist fails to be scientific enough, and the traditionalist arguing that the behavioralist confuses science with methodology. Robert McCloskey has ob served " ... that the fraternity in general is now receptive to the methods and in sights ofbehavioralism in so far as it finds them helpful; ... and that the discipline is about ready for a new movement ...." The new movement is upon us. The post-behavioral revolution in political science demands that we be concerned for the contemporary world and its problems even if we must sacrifice some of our scientific rigor. -
Three Themes from Raz
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2005 Three Themes from Raz Leslie Green Osgoode Hall Law School of York University Source Publication: Oxford Journal of Legal Studies. Volume 25, Issue 3 (2005), p. 503-524. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Green, Leslie. "Three Themes from Raz." Oxford Journal of Legal Studies 25.3 (2005): 503-524. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. Three Themes from Raz† Leslie Green* The robust interest in analytic jurisprudence among legal philosophers is testament to the broad and deep influence of Joseph Raz. To find another legal theorist who has not only produced an indispensable body of work, but who taught and encouraged so many jurisprudents of the next generation, one has to go back to his forebear, H.L.A. Hart. But Raz’s influence is not just a matter of passing on the torch. Raz controverted so many of Hart’s central ideas that legal positivism, and in some respects even legal philosophy, will never be the same again. That rules are social practices, that every legal system has one rule of recognition, that the validity of law may depend on moral principles, that rights protect important choices, that there is a duty in fairness to obey the law—the hard times on which each of these Hartian ideas has fallen are due in no small part to the power of Raz’s criticisms, and Raz’s competing views are themselves now the subject of many discussions among lawyers, philosophers and political theorists. -
Work and Family
Work and Family VOLUME 21 NUMBER 2 FALL 2011 3 Work and Family: Introducing the Issue 15 Changing Families, Changing Workplaces 37 Policies to Assist Parents with Young Children 69 Families with School-Age Children 91 Children with Health Issues 117 Families and Elder Care in the Twenty-First Century 141 Workplace Flexibility: From Research to Action 163 The Role of the Government in Work-Family Conflict 191 International Perspectives on Work-Family Policies: Lessons from the World’s Most Competitive Economies A COLLABORATION OF THE WOODROW WILSON SCHOOL OF PUBLIC AND INTERNATIONAL AFFAIRS AT PRINCETON UNIVERSITY AND THE BROOKINGS INSTITUTION The Future of Children seeks to translate high-level research into information that is useful to policy makers, practitioners, and the media. The Future of Children is a collaboration of the Woodrow Wilson School of Public and International Affairs at Princeton University and the Brookings Institution. Senior Editorial Staff Journal Staff Sara McLanahan Kris McDonald Editor-in-Chief Associate Editor Princeton University Princeton University Director, Center for Research on Child Wellbeing, and William S. Tod Lauren Moore Professor of Sociology and Public Affairs Project Manager Princeton University Ron Haskins Senior Editor Brenda Szittya Brookings Institution Managing Editor Senior Fellow and Co-Director, Center on Princeton University Children and Families Martha Gottron Christina Paxson Managing Editor Senior Editor Princeton University Princeton University Lisa Markman-Pithers Dean, Woodrow Wilson -
Liberalism, Community, and the Context of Choice
Portland State University PDXScholar Dissertations and Theses Dissertations and Theses 2-8-1995 Liberalism, Community, and the Context of Choice Marta R. Colburn Portland State University Follow this and additional works at: https://pdxscholar.library.pdx.edu/open_access_etds Part of the Political Science Commons Let us know how access to this document benefits ou.y Recommended Citation Colburn, Marta R., "Liberalism, Community, and the Context of Choice" (1995). Dissertations and Theses. Paper 4888. https://doi.org/10.15760/etd.6764 This Thesis is brought to you for free and open access. It has been accepted for inclusion in Dissertations and Theses by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. THESIS APPROVAL The abstract and thesis of Marta R. Colburn for the Master of Science in Political Science were presented February 8th, 1995, and accepted by the thesis committee and the department. COMMITTEE APPROVALS : Craig cc;irr, Chair John Damis Sorca O'Connor Representative of the Office of Graduate Studies DEPARTMENT APPROVAL: Department of Political Science ************************************************************ ACCEPTED FOR PORTLAND STATE UNIVERSITY BY THE LIBRARY by on& /?f'&xa1{ /99~ ABSTRACT An abstract of the thesis of Marta R. Colburn for the Master of Science in Political Science presented February 8, 1995, and accepted by the thesis committee and the department. Title: Liberalism, Community, and the Context of Choice Issues of community have become an important focus in the field of political theory in North America. Critics of liberalism, the dominant American theoretical tradition, have charged that liberal theorists have misconceived the nature of community at the ontological and societal level. -
Hasidic Public Schools in Kiryas Joel
The Draw and Drawbacks of Religious Enclaves in a Constitutional Democracy: Hasidic Public Schools in Kiryas Joel JUDITH LYNN FAILER' INTRODUCTION Recent work in political and constitutional studies has celebrated the salutary effects of robust civil societies for democracies.' Robert Putnam, for example, has described how Italian communities with stronger civic traditions have political leaders who are less "elitist" and are "more enthusiastic supporters of political equality" while their citizens' political involvement is characterized by "greater social trust and greater confidence in the law-abidingness of their fellow citizens than... citizens in the least civic regions."' William Galston makes a case for how civic organizations in civil society can foster the development of liberal virtues Jean L. Cohen and Andrew Arato have argued that civil society is "the primary locus for the potential expansion of democracy under 'really existing' liberal-democratic regimes." 4 * Assistant Professor of Political Science and American Studies, Indiana University-Bloomington. Prepared for presentation at a symposium on Civil Society, Indiana University School of Law, March 29, 1996. Thank you to Fred Aman and Steve Conrad for their generous invitation. I am grateful to Jane Mansbridge for helping me think through the ways by which Kiryas Joel poses particular challenges in democratic theory as an enclave group. Thank you also to Mark Brandon, Dana Chabot, David Orentlicher, and Jean Robinson for helpful conversations in preparation of this article, and to Jeffrey Isaac and Sanford Levinson for their suggestions for revisions. 1. For the purposes of this paper, Iam following John Gray's definition of "civil society" as "that sphere of autonomous institutions, protected by a rule of law, within which individuals and communities possessing divergent values and beliefs may coexist in peace." JOHN GRAY, POST LIBERALISM: STUDIES IN POLITICAL THOUGHT 157 (1993).