Module PHL3061 for 2021/2
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
PHL3061: Philosophy of Law
This module descriptor refers to the 2021/2 academic year.
Module Content
Syllabus Plan
We begin by examining the classic debate between legal positivists and natural law theorists, focussing on the work of figures such as H.L.A. Hart, Ronald Dworkin, Joseph Raz, John Finnis, and Lon Fuller.
Building on this, we survey the main theories of legal reasoning, judicial interpretation, and the evidential character of precedent, particularly in light of Ludwig Wittgenstein’s celebrated analysis of rule-following.
Finally, we investigate the enduring debate over the justification of state punishment, focussing on key retributivist, consequentialist, and abolitionist arguments.
Learning and Teaching
This table provides an overview of how your hours of study for this module are allocated:
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 22 | 128 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activity | 11 | Eleven one-hour lectures |
| Scheduled Learning and Teaching Activity | 11 | Eleven one-hour tutorials |
| Guided Independent Study | 40 | Assigned readings associated with each tutorial |
| Guided Independent Study | 88 | Preparation of Assigned Essays |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
Indicative Reading List
This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.
Core readings:
Hans Kelsen, Introduction to the Problems of Legal Theory (extracts)
John Austin, The Province of Jurisprudence Determined (extracts)
H.L.A. Hart, The Concept of Law, 2nd Edition (extracts)
O.W. Holmes, “The Path of the Law”
Ronald Dworkin, Law’s Empire (extracts)
John Rawls, A Theory of Justice (extracts)
John Finnis, Natural Law and Natural Rights (extracts)
Lon Fuller, The Morality of Law (extracts)
-- “The Case of the Speluncean Explorers”
Ludwig Wittgenstein, Philosophical Investigations (extracts)
Saul Kripke, Wittgenstein on Rules and Private Language (extracts)
Andre Marmor, “Constitutional Interpretation”
G.W.F. Hegel, Elements of the Philosophy of Right (extracts)
J.S. Mill, On Liberty (extracts)
Jean Hampton, “The Moral Education Theory of Punishment”
Jeffrie Murphy, “Marxism and Retribution”
Anthologies & Textbooks:
Larry May & Jeff Brown (eds.), Philosophy of Law: Classic and Contemporary Readings
Dennis Patterson (ed.), A Companion to the Philosophy of Law and Legal Theory
Martin Golding & William Edmundon (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory
Seán Coyle, Modern Jurisprudence: A Philosophical Guide
Andrei Marmor, Philosophy of Law
