Introductory description

Jurisprudence is the philosophical study of law in general. It is interested in answering conceptual questions such as whether law is necessarily coercive, whether law has a necessary purpose, whether there are necessary connections between law and morality, and whether and if so how law can possess authority.

It is, in the words of Joseph Raz, general philosophy applied to a particular social institution. Do not fall into the trap, however, of thinking that ‘particular’ here means your legal system. Just because law looks a certain way here does not mean that it looks that way over there. If you’re making an argument about the nature of law that only makes sense in democratic societies, you better have a good argument for why we’re mistaken in thinking that non-democratic societies have law too.

Studying jurisprudence therefore allows you to challenge the assumptions that you have made about law without perhaps even realising it; assumptions that have been produced by the idiosyncrasies of the one or two particular legal systems with which you might be familiar.

At the same time, anchoring philosophical questions in the context of the law provides a wealth of real-world examples of how societies attempt to solve problems of public concern, in a way that can bring new insights to pre-existing philosophical ideas. In this way jurisprudence is a two-way street: it aims to further our understanding both of the law and of philosophical questions surrounding morality, government, and our interactions with each.

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

The following topics are indicative of what will be covered in the module: (1) introductory philosophy of normativity and practical reasoning; (2) the relationship between coercion, threats, orders, and laws; (3) whether legal norms are necessarily moral norms; (4) the nature of sovereignty and its relationship to normative supremacy; (5) law's claim to authority and its potential justifications; (6) whether law has a necessary purpose, and if so whether that purpose is moral; (7) whether there is any special relationship between law and justice; (8) legal realism.

Learning outcomes

By the end of the module, students should be able to:

• Understand central jurisprudential arguments on the relationship between law, morality, and authority
• Evaluate pre-existing assumptions about the law by reference to one or more contemporary philosophical accounts of the nature of law
• Develop clear philosophical arguments about the nature of law that offer the student's own critical reflection on one or more problems found in moral, political, and legal philosophy

Indicative reading list

1. D Enoch, Taking Morality Seriously (OUP 2011)
2. C Korsgaard, The Sources of Normativity (CUP 1996)
3. JL Austin, The Province of Jurisprudence Determined (1832)
4. HLA Hart, The Concept of Law (3rd edn, Clarendon 2012)
5. R Dworkin, Law's Empire (Hart 1998)
6. J Raz, Practical Reason and Norms (OUP 1999)
7. M Nussbaum, 'Perfectionist Liberalism and Political Liberalism' (2011) Philosophy and Public Affairs 3
8. J Gardner, Law as a Leap of Faith (OUP 2012)
9. M Quinn, 'Feminist Legal Realism' (2012) 35 Harvard Journal of Law and Gender 1

Research element

Students will be encouraged to undertake further reading on topics of interest, in particular when completing the summative essay.

Interdisciplinary

Jurisprudence is a fundamentally interdisciplinary subject, combining various philosophical disciplines with the study of contemporary moral, political, and legal issues.

International

Jurisprudence is an international subject in so far as the object of study is the law independent of any particular time or place. Students are therefore free to use examples from any legal system in their arguments.

Subject specific skills

Students will develop the skill of developing sound, rigorous arguments in analytic legal philosophy both orally and in writing, drawing on a core understanding of central debates in moral, political, and legal philosophy.

Transferable skills

Students will develop their skills in argumentation, critical analysis, and time management. The ability to think abstractly about a problem, and to subject pre-existing assumptions to sustained critique, will aid lateral thinking. Students should be able to apply the knowledge and skills from this module whenever they seek to make normative arguments.