Normative Legal Theory

Professor Solum

Georgetown University Law Center

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Class Information

 

  • Office hours: Wednesdays, 4:00 p.m. to 6:00 p.m.  My office is McDonough 542.
  • Email: lsolum@gmail.com
  • Phone: 202.662.4044
  • Class Meets on Wednesdays in McDonough 588 from 1:20 p.m. to 3:20 p.m.
  • Readings:  All readings will be provided in electronic form on the class website.  There is no assigned text for purchase.
  • Course Description:

 

This seminar will investigate normative theory in the context of law.  It will begin with a brief foundatonal questions about the relationship of normative theories to the law, including the debate between legal formalists and legal instrumentalists as well as the historical debate between legal posivists and natural lawyers.  It will then turn to the three most important families or clusters of normative legal theory: (1) areataic theories, from their classical expression in Aristotle’s moral and political philosophy to contemporary virtue ethics and virtue jurisprudence; (2) deontological theories, ranging from Kant’s moral philosphy to contractarian in both its classical Lockean and contemporary Rawlsian forms; and (3) consequentialist theories, ranging from Bentham’s utilitarianism to contemporary normative law and economics.  The course will end with an investigation of the metaethical and metajurisprudential issues that play important roles in contemporary debates in normative legal theory.  The aim of the seminar will be to equip participants to make and evaluate sophisticated normative arguments in legal practice and theory.