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IFCO 2335 - Political Philosophy of Law

Type d'enseignement : Lecture alone

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Voir les plans de cours et bibliographies

Pre-requisite

aucun

Course Description

This course will explore the genealogy of contemporary critical philosophy and law, through the careful reading and discussion of heavily edited texts by philosophers and jurists who have had a deep influence on modern legal thought and social theory. The course will work to identifying the development and subsequent transformation of new modes of legal reasoning, as bearing on law as a supposedly autonomous discipline. A narrative on the role of law and legal thought in modern political philosophy might emerge. These authors are Bentham, Kant, Hegel, Savigny, Marx, Kierkegaard, Jhering, Nietzsche, Weber, Freud, Kelsen and Schmitt.

Teachers

  • KENNEDY, Duncan (Professeur émérite)
  • SABET, John (Etudiant en droit economique)
  • TSOUMANI, Eirini (Doctorante à Sciences Po)
  • XIFARAS, Mikhaïl (Professeur des Universités à Sciences Po)

Pedagogical format

This Common core curriculum course will be taught in a lecture format. On sessions 3, 4, 5, 9, 10 and 11 will be co-taught by both Professors Xifaras and Kennedy. Other sessions will be conducted by Professor Xifaras. Tutorials will be provided by the course TA.

Course validation

Mid-term paper (home): 30 % of the final grade. Final paper (home) : 70 % of the final grade.

Workload

Weekly readings of variable length and difficulty will be posted on the drive. Required readings constitute the central element of the class and that students must be prepared to engage in a discussion of the basis of the text for each class (if that is the case). Tutorials will be provided to help with the readings.

Required reading

  • Jeremy Bentham, An Introduction to the Principles of Morals and Legislation
  • Kant, The Metaphysics of Morals
  • Hegel, The Phenomenology of Spirit
  • Savigny, System of the Modern Roman Law
  • Karl Marx, Theft of wood case

Plans de cours et bibliographies

Session 1: The Enlightment critique of Law and legal thought.

  • Bentham teaches the jurists to do law from the point of view of utility.

Session 2: The Enlightment critique of Law and legal thought.

  • Kant teaches the jurists to do law from the point of transcendental philosophy.

Session 3: Critique of the critique, and so on.

  • Hegel teaches the jurists to do law from the point of view of absolute knowledge.

Session 4: Critique of the critique, and so on.

  • Savigny teaches the philosophers to do law from an historical point of view

Session 5: Critique of the critique, and so on.

  • Turning the tables to teach everybody to do law as politics. (Marx)

Session 6: Irrationalist trends.

  • Can the ethical be rational?  Why does this matters for law? (Kierkegaard).

Session 7: Irrationalist trends.

  • The birth of internal critic of law and legal thought. (Jhering)

Session 8: Irrationalist trends.

  • Genealogical critique of modern law as slave morality. (Nietzsche)

Session 9: Rationalist reconstructions in response.

  • How to save law from its inner irrationalities?  Legal formalism. (Weber)

Session 10: Rationalist reconstructions in response.

  • How to save law from its inner irrationalities? Moderating the superego (Freud)

Session 11: Rationalist reconstructions in response.

  • How to save law from its inner irrationalities? Democracy. (Kelsen)

Session 12: Conclusion.

  • Types of modern legal thought (Schmitt)

Readings

  • Jeremy Bentham, An Introduction to the Principles of Morals and Legislation
  • Kant, The Metaphysics of Morals
  • Hegel, The Phenomenology of Spirit
  • Savigny, System of the Modern Roman Law
  • Karl Marx, Theft of wood case
  • Kierkegaard, Fear and trembling
  • Jhering, Law as a means to an end
  • Nietzsche, Genealogy of morals
  • Max Weber, Economy and Society, Volume II, The Formal Qualities of Modern Law
  • Freud, Civilization and its discontents
  • Hans Kelsen, Pure Theory of Law
  • Schmitt, The concept of the political