Loyola University Chicago

Department of Philosophy

PHIL 459: Philosophy of Law

PHIL 459: Philosophy of Law

The Generic Catalog Description

This course will examine theories of the nature of law and of the basis of legal obligation, and a selection of related topics such as civil disobedience and conscientious refusal, the legislation of morality, theories of the moral justification of punishment, and ethical issues in the legal profession.

PHIL 459: Philosophy of Law: Natural Law and Natural Rights (crosslisted with LAW: 154)

Robert John Araujo, S.J.

The purpose of this course is to introduce law and philosophy students to the role of natural law in the development of the law, with an emphasis on the position of natural rights in American Law and International Law. The underpinnings of the legal doctrines are founded on a rich history of jurisprudential thought beginning with the ancient western civilizations of Greece and Rome. The specific context of our examination will be the natural rights of the human person. Three interrelated objectives of this course are: (1) to develop an understanding of what the natural law is and what it is not; (2) to dispel the skepticism (myths) about the role of natural law; and, (3) to demonstrate the critical role in the evolution of natural human rights in American Law and International Law.

Several particular rights will be examined to sharpen the focus of our investigation and discussion. Our readings will consist of primary and secondary sources compiled into a reader that will be available for purchase in the Law School bookstore.