The objective of this course is primarily to learn and engage in the general concepts undergirding the wide range of topics described as "jurisprudence." Though jurisprudence is formally the study of theoretical foundations of law, in practice, it includes much more. Jurisprudence relies upon or touches moral theory, political theory and a wide range of social and even economic theories.
In this class we will explore some of each in turn. While an introductory survey class cannot impart expertise, students will become familiar with the foundational concepts and arguments in a number of jurisprudential debates.
The class will explore questions like what is the ground of political obligation? What is the most persuasive theory of morality and of ethics? What is the nature of law? What justifies criminalization? How do questions of race and gender affect our legal obligations? Understanding these debates, from ancient philosophers to contemporary thinkers, we will allow students familiarity and more sophisticated insight into these debates and the basis for future investigation.
Just as importantly, jurisprudence teaches two levels of lessons that are essential for both law school and practice. First, jurisprudence insists on a level of precision in reading and thinking that greatly sharpens legal thinking. It is no surprise that many renowned appellate litigators benefitted from training in legal philosophy.
Just as importantly, the subject matter in jurisprudence is of enduring importance. Far from being merely about academic fluency, students will find these concepts and ideas underlie some of the most pressing debates we are currently grappling as a society. From the justifications of policing, solutions to racial justice, civil disobedience, authority, gender and law and so much more, philosophical inspection clarifies the stakes and claims of so much that roils us as a nation today. Jurisprudence is not (just) about dusty old books. It is about the heart of our claims for and against each other and how they ought to be reflected in law. Jurisprudence is philosophy with bayonets on.