LAU44041 Legal Philosophy

Learning Outcomes

By the end of this module, students should be able to: 

• Argue for their own critically aware position on key issues in legal philosophy;
• Understand and critically analyse high-quality writing in legal, political, and moral philosophy;
• Distinguish and assess competing views on the relationship(s) between law and (a) morality, and (b) coercion;
• Explore the significance philosophy might hold for legal doctrine/practice;

Module Content

This module is a course in “general” jurisprudence: it addresses questions about the nature of law as such; that is, questions about law that arise wherever and whenever law exists, regardless of whether it is Irish or Iranian, Brazilian or Brehon, municipal or international, contractual or canon. Are there any necessary connections between law and morality? What is the relationship between law and coercion? What is the rule of law, and why is it valuable (if it is)? Do we have a moral obligation to obey the laws of a generally just legal system? How (if at all) is law like a game?

These are abstract philosophical questions, untethered to any particular legal system. In this respect, they are different from the doctrinal questions with which most other classes in the Law School are primarily concerned. In this module, students will learn to formulate and defend their own views on abstract questions like these through close reading and critical discussion of influential work in legal and political philosophy. Although the philosophy we cover is all about law, it is hoped that this module will also serve to introduce students to reading philosophy and thinking philosophically about much else besides.

This module satisfies the requirement set by the Honorable Society of Kings Inns that candidates entering the Barrister-at-Law degree programme have studied Jurisprudence during their qualifying law degree.