This seminar will aim to provide an introduction to the main schools of thought in legal philosophy. Starting with ancient Greek authors, it will work its way to the most contemporary debates brought forth by critical legal theories. Rather than pursue a proper historical ambition, this overview but will serve to outline the major conceptual and ideological options one necessarily encounters when thinking philosophically about law. We will be discussing questions such as: what is law? what makes it binding? is there natural law and if so where is to be found? if not, how are we to account for law's binding power? These questions and the sophisticated answers they have received throughout history will also be illustrated by short stories and allegories (Sophocles' Antigone, Fuller's King Rex or Dworkin's chain novel for example). The ultimate goal of this seminar will be to help each student build a personal conceptual toolkit useful for understanding and discussing any legal matter.
Raphaël PAOUR
Séminaire
English
1. What is law and why are the answers given by legal philosophy useful? Natural law theories vs. legal positivisms
2. Classical natural law theories: Socrates and Plato
3. Classical natural law theories: Aristotle
4. Modern natural law theories (Gotius, Pufendorf, Hobbes, Locke and Rousseau)
5. Contemporary natural law theories (Fuller, Finnis, Fassò and Dworkin)
6. Legal positivism: the normativists (Austin, Kelsen, Hart)
7. Legal positivism: the legal realists (American and Scandinavian legal realists, contemporary Italian and French legal realists)
8. Post-positivism (MacCormick, Alexy, Nino, Atienza, Zagrebelsky, Ferrajoli)
9. Critical legal theories (feminist and race critical theories)
10. Collective reading seminar: putting Hart's Concept of Law into perspective
11. Putting legal philosophy to good use: some practical examples
12. Discussion of the mandatory paper topics chosen
None.
Autumn 2025-2026
One paper (4,000 words) due for 10 December 2024, sent to my address; preparation of the readings based on the suggested indications; participation in the group's discussions.
Twelve sessions of 2 hours.
H.L.A. Hart, The Concept of Law, any of the available editions will do.