This semester, I’m teaching Philosophy of Law–again. My syllabus, as always, is a new one, and reflects an altered orientation and focus from those of days past. The current edition is fairly simple: it kicks off with Lon Fuller‘s ‘The Case of the Speluncean Explorers,’ excerpts from H. L. A Hart‘s The Concept of Law,Continue reading “A Persistent Difficulty In Teaching Philosophy Of Law”
Tag Archives: legal positivism
Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals
The radically constructive nature of legal and economic concepts emerges quite clearly in the brilliant second essay of The Genealogy of Morals. Here, Nietzsche sets out his view of how the concept of a contract creates persons, how the ethical subject is not found but made. For Nietzsche, the law, a set of human practices,Continue reading “Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals”
Property As Legal Construct
Property appears an abstract, transcendent, metaphysical concept from afar but on closer inspection reveals itself to be legally constructed. Like ‘person,’ property obtains its philosophical traction from a legal, economic, and social imperative to distribute resources, and thus, wealth and power. As a canonical legal textbook puts it, the “property system” that results from aContinue reading “Property As Legal Construct”
Chelsea Manning’s Bad Luck With The American Polity
In The Passion of Bradley Manning: The Story Behind The Wikileaks Whistleblower(Verso Press, New York, 2013) Chase Madar writes: If any lesson can be drawn from the Manning affair, it’s that leaks can make a great difference if there is organized political muscle to put them to good use. Information on its own is futile; as uselessContinue reading “Chelsea Manning’s Bad Luck With The American Polity”
Mass Incarceration And Teaching Philosophy Of Law
This coming spring semester, as in the just-concluded fall semester, I will be teaching Philosophy of Law. As I get down to thinking about my syllabus, one imperative seems overriding: I must ‘do more’ on mass incarceration (and related topics like the theory of punishment and the death penalty.) No topic seems more important, pressing,Continue reading “Mass Incarceration And Teaching Philosophy Of Law”
Critical Theory And The Nature Of Law
My graduate seminar on ‘The Nature of Law‘ read and discussed critical race theory this past week. I’ve–along with my students–been thinking about the relationship of critical material like this–along with the critical legal studies readings we did over the last two weeks–to the definitional and foundational debates that so occupied us in the beginning ofContinue reading “Critical Theory And The Nature Of Law”
Samir Chopra 