All programmes > Philosophy of Law: Advanced Course

Philosophy of Law: Advanced Course (B-KUL-W0Q31A)

6 ECTSEnglish39 First termCannot be taken as part of an examination contract
N.
This course is not taught this academic year, but will be taught next year. This course is not taught this academic year, but will be taught next year.
POC Philosophy (internationaal)

Aims

Students should come away from this module with a better understanding of the different theories and reasons justifying obedience and disobedience to the law.

At the end of the course, the students should be able:

  • to identify the main positions and issues at stake;
  • to understand and explain the key arguments and concepts used in the debate;
  • to critically confront different positions and arguments;
  • to read and understand additional literature in this debate on their own;
  • to take up a position of their own and defend it against possible criticisms both orally and in writing.

Previous knowledge

The course is open to graduate students in philosophy and law. Students should have at least a general background in philosophy or legal theory and be familiar with major philosophical currents and authors. If you would like to take this course but are unsure about whether you meet the entry requirements, please contact the course convener by e-mail.

Is included in these courses of study

Activities

6 ects. Philosophy of Law: Advanced Course (B-KUL-W0Q31a)

6 ECTSEnglishFormat: Lecture39 First term
N.
POC Philosophy (internationaal)

Content

In the academic year 2023-2024, the topic of the course is: “Reasons to (Dis)Obey the Law”.

In this seminar, we will examine the different reasons that have been put forward by philosophers to obey or disobey the law. Few people nowadays would hold the view that the law should always be obeyed, whatever its content. We have witnessed the dramatic effects of such attitude in the 20th Century (and already before). There is also an increasing call by activists for forms of disobedience for the sake of environmental protection and solidarity with immigrants, for example. Nevertheless, the view that only laws that we recognize as just should be obeyed also carries its own problems. For the law to perform its regulative function, it must be obeyed in most cases, even by people who disagree with its content. Hence, beyond coercion and the prospect of punishment, what are the reasons that citizens face when considering whether to obey or disobey the law?

We will address this fundamental question by reading the classical work of authors such as Hannah Arendt, John Rawls, Mohandas Gandhi, Peter Singer, Jürgen Habermas, Joseph Raz, as well as more recent work on civil and uncivil forms of disobedience and resistance (Kimberley Brownlee, Simon Caney, Robin Celikates, Candice Delmas).

Course material

All study material shall be made available through Toledo. Students will be expected to read 20 to 30 pages per week.

Format: more information

This course consists of 12 three-hour seminars. A short lecture will be included as part of the seminar to help contextualize and understand the material. Students are expected to have done the readings beforehand and to have prepared a question for discussion. Active participation in discussions is expected from all students.

Evaluation

Evaluation: Philosophy of Law: Advanced Course (B-KUL-W2Q31a)

Type : Continuous assessment without exam during the examination period
Description of evaluation : Paper/Project, Participation during contact hours

Explanation


Examination takes the following form:

1. End-of-term paper of max. 4000 words (70%)

The end-of-term paper of max. 4000 words should advance a thesis, supported by arguments, on the topic of the course.

2. Active participation to discussions + weekly submission of a question (30%)

Students are expected to submit, on Toledo, at least one question or comment on the assigned reading each week, 24 hours before class. Students can be asked to elaborate on their question or statement during the seminar. 
Students are strongly encouraged to participate in the class discussions. Class contributions will be taken into account when calculating your final grade.

There is an attendance requirement for this course. Non-attendance or insufficient attendance always results in a score 'NA' (not taken). When a student is unable to attend a mandatory class for valid reasons, the student shall notify the instructor as soon as possible. In this case, the instructor may decide to give the student a substitute task (for example, a reading report on the reading of certain texts). If a student is unable to attend mandatory classes for an extended period or regularly and for weighty reasons, the student shall notify the examination ombudsperson as soon as possible.

Students are expected to inform themselves about the faculty guidelines for papers and bibliographical referencing and about the faculty guidelines with regard to plagiarism.

Information about retaking exams

The second examination attempt is limited to (re)submitting the final paper (which counts for 70% towards the final grade). Participation cannot be retaken. Barring exceptional cases acknowledged by the ombudsperson, students who did not participate as required while the course was in session will receive the NA result.