ODEC 5020 - Foundations of legal philoposhy

The course is focused on the examination of HLA Hart's The Concept of Law. First published in 1961, this book is not only one the most discussed and influential work in the field of legal philosophy, it is also a great vehicle to encounter the various classical questions raised about law. All semester, theses questions will be taken on with the help of Hart’s distinct brand of analytical legal positivism. Following the chapters’ succession, each session will focus on a specific topic: what is law? Is it

necessarily moral? How free is legal interpretation? Is international law real law? Etc. True to Hart’s own method, a dialectical approach will be used, as the author’s ideas will be confronted to those of Austin, American realists, Kelsen or Dworkin for example.

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Twelve sessions of 2 hours.

Extensive reading of The Concept of Law is a requirement. Students will profit from having finished reading it before the start of the class. Each week, dynamic oral presentations (taking the form of debates or short plays, for example) will introduce the discussion on the session’s topic.

The students will be evaluated during these presentations and the following discussions. A short written assessment will also be organised as part of the seminar.

1 - Herbert Hart – Who is the author of The Concept of Law

2 – Hart and legal theory – What do we need a concept of law for?

3 - Hart and Austin – What is a legal rule?

4 – Hart and sociology – What is social rule?

5 – Hart and legal realism – Do we need a concept of obligation?

6 – Hart and legal realism – What is legal interpretation?

7 – Hart and Kelsen – What is the foundation of validity

8 – Hart and analytical moral philosophy – What is justice?

9 – Hart and Fuller – Is there any internal morality to law?

10 – Hart and international law – Is international law really law?

11 – Hart and Dworkin – Is The Concept of Law flawed?

12 – Hart’s answer to his critics