PHI364 Philosophy of Law
Law is a pervasive feature of modern societies and governs most aspects of our lives. This module is about some of the philosophical questions raised by life under a legal system. The first part of the module investigates the nature of law. Is law simply a method of social control? For example, the group calling itself Islamic State issued commands over a defined territory and backed up these commands with deadly force. Was that a legal system? Or is law necessarily concerned with justice? Do legal systems contain only rules or do they also contain underlying principles? Is "international law2 really law? The second part of the module investigates the relationship between law and individual rights. What kinds of laws should we have? Do we have the moral right to break the law through acts of civil disobedience? What is the justification of punishment? Is there any justification for capital punishment? Are we right to legally differentiate between intended crimes (like murder) and unintended crimes (like manslaughter), or does this involve the unjustified punishment of "thought crime"? Are we right to legally differentiate between murder and attempted murder, despite the fact that both crimes involve the same intent to kill?