These notes are complemented with the book Philosophy of Law: An Introduction by Mark Tebbit, incorporating both the text and accompanying schemes. The focus of the notes is on the obligation of the legal system to adhere to the law, as well as the theory of punishment. The key topics covered include: 1. Obedience and Disobedience to the Law: Various approaches, including the perspectives of H.D. Thoreau and Plato's Crito. 2. The Social Contract: The theories of Hobbes, Locke, and Kant, alongside critiques of their positions. 3. Neocontractualism, John Rawls: The concept of the "veil of ignorance," Rawls' principles of justice, civil disobedience, and related criticisms. 4. Civil Disobedience: An exploration of the theory and practice of civil disobedience. 5. The Breaking of the Law: A discussion centered on Sophocles' Antigone and its philosophical implications. 6. Legal and Moral Rights: An analysis of the views of Bentham, Mill, and Dworkin, focusing on rights theory and right-skepticism. 7. Paternalism and Libertarianism: A comparison of perspectives on law and private morality, including the Wolfenden Reports, Mill, Hart, and Dworkin, and a consideration of Nudge Theory and Libertarian Paternalism. 8. Critiques of the Liberal Theory: Marx and the Feminist Movement 12. Criminal Responsibility and Punishment 14. Insanity and Diminished Responsibility 15. Theories of Punishment These themes explore the complex relationship between law, morality, and individual rights, offering a comprehensive framework for understanding philosophical debates in legal theory.
Università degli studi di Torino
Global Law
philosophy of law
Michele Miravalle
2024