Dr. Michael Giudice

E-mail: giudice@yorku.ca (for questions and to set up an appointment)

Teaching assistants: TBA

This is an introductory course which does not require any prior knowledge of law or philosophy.  We will begin with an account of factual features of law, legal systems, and legal reasoning, which will help us identify and discuss issues which benefit from philosophical inquiry.  The main goal of the course is to develop the analytical skills needed to reason critically about thorny philosophical issues about the nature of law and its relation to politics, morality, and other features of social life.  It is important to note that this inquiry into law does not begin with the assumption that there are easily found answers to these issues: they may resist our best attempts to resolve them.  We can, however, come to an understanding of why some issues are particularly difficult to resolve, and we will be able to suggest a variety of promising ways of facing disputes arising from such issues.

The course topics are divided into three main parts.  First, we will critically examine two general theories about the nature of law, natural law theory and legal positivism, with particular attention to how these theories understand the similarities and differences between law and morality.  Second, we will examine two theories of legal reasoning, constructive interpretation and legal realism, with close attention to the aims of judicial decisions and underlying presumptions about courts.  Third, we will examine a couple of critical theories which challenge law’s purported neutrality in content and application, feminist jurisprudence and critical race theory.

Technical requirements for taking the course: internet access, and software necessary to view Microsoft Office files (MS Word and MS Powerpoint) or Adobe Reader (for pdf files).  Video-conferencing technology (such as a webcam and microphone) are not necessary, as there are no classes, tutorials, tests, or exams that will be delivered remotely through video-conferencing.  However, I will always be available for one-on-one meetings which can be done in video or audio only, via Skype, Zoom, or simply by phone.   A webcam and microphone may be useful for such meetings.

Here are some useful links regarding computing information, resources and help:

Student Guide to Moodle

Zoom@YorkU Best Practices 

Zoom@YorkU User Reference Guide

Computing for Students Website

Student Guide to eLearning at York University

[To determine Internet connection and speed, there are online tests, such as Speedtest, that can be run.]

Times and locations: There are no fixed days or times when students will be required to meet.  The course is fully online, delivered asynchronously, for which course materials will be available at the beginning of each week and available for viewing at your convenience.  Please note that this is a course that depends on remote teaching and learning. There will be no in-person interactions or activities on campus.

Virtual office hours: by appointment only.  I will be available to meet, either in video or audio alone, via Skype or Zoom, or by phone.  To arrange a meeting, please e-mail me at giudice@yorku.ca.

1. K. Culver and M. Giudice, eds, Readings in the Philosophy of Law, 3^rd edn (Broadview Press, 2017)

*Note: the textbook is available in electronic format, available for purchase directly from the publisher: https://broadviewpress.com/.  Should you wish to purchase an electronic copy, it is recommended that you choose the “PDF” instead of the “EPUB” format, since only the “PDF” version preserves the original pagination of the textbook.

The topic of each essay, together with instructions, will always be provided at least four weeks in advance of the due date.

Essay 1:                                 20%                (800 words) October 18, 2021

Essay 2:                                 30%                (1000 words) November 15, 2021

Essay 3:                                 50%                (1500 words) December 20, 2021

This course has no scheduled meeting times, so allows you to access and learn course materials at your own pace and on your own time.  For each part of the course, key concepts, theories, and arguments will be provided in recorded lectures together with powerpoint slides posted on the eClass website each week by midnight on Sunday.  Associated readings for each week are listed below under ‘Reading Schedule’.  Discussion of course material will take place in two ways: through individual meetings or e-mails with the course instructor and teaching assistants, and on discussion forums set up on the eClass website, which again, you may participate in at your own convenience.  (Each student will be assigned a teaching assistant, who will be responsible for grading assignments and will be your first point of contact for the course.)

*Please note: participation in discussion is encouraged but not mandatory.  You can choose to engage with the course material through discussion in the above ways as much or as little as you find valuable or helpful.

All assignments, with instructions, will also be posted on the eClass website.

The purpose of this course is to assist students in understanding and identifying central features of life under law which merit philosophical analysis and demand justification.  In addition to this course-specific goal, you will also improve your ability to read, criticize, present, and defend arguments in a rigorous and compelling manner.

Reading Schedule

*Notes: 1. Page numbers refer to Culver and Giudice, Readings in the Philosophy of Law (3^rd edition, Broadview Press, 2017), and identify the readings associated with the weekly lectures.  2. The dates refer to when lectures and slides will be posted on the eClass website, or when an essay is due (due dates are in bold).

Sept. 8:          Introduction to the Course (no readings)

1. What is Law?

Sept. 13:        St. Thomas Aquinas, “Treatise on Law”, 27-41.

Sept. 20:        John Finnis, Natural Law and Natural Rights, 41-61.

Sept. 27:        John Austin, “The Province of Jurisprudence Determined,” 68-84.

Oct. 4:            H.L.A. Hart, “Positivism and the Separation of Law and Morals”, 84-106.

Oct. 9-15:      Fall Reading week

Oct 18:           Essay #1 Due

Oct. 18:          H.L.A. Hart, “Law as the Union of Primary and Secondary Rules”, 106-118.

Oct. 25:          H.L.A. Hart, “The Foundations of a Legal System”, 118-127.

Nov. 1:            The Concept of Legal System and First Nations in Canada (no readings)

1. Legal Reasoning

Nov. 8:            Ronald Dworkin, “The Model of Rules I”, 133-155.

Nov. 15:        Essay #2 Due

Nov. 15:         Ronald Dworkin, “Integrity in Law”, 155-171.

Nov. 22:         Oliver Wendell Holmes, “The Path of the Law”, 177-182.

III. Critical Theories

Nov 29:          Patricia Smith, “Feminist Jurisprudence and the Nature of Law”, and Catharine MacKinnon, “Toward Feminist Jurisprudence”, 218-236.

Dec. 6:            Richard Delgado, “About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties”, 236-246.

Dec. 20:         Essay #3 Due