Kant's Philosophy of Law (LAW213H1F)

At a Glance

First Term
Credits
3
Hours
2
Perspective course

Enrolment

Maximum
25
20 JD
5 LLM/SJD/MSL/NDEGS/SJD U

Schedule

W: 8:30 - 10:20
Instructor(s): Ernest Weinrib

Our legal discourse is the discourse of rights, and Immanuel Kant is perhaps the greatest modern expositor of what it is to have a system of rights. For Kant, the possibility that law can be systematically rightful encompasses private law, public law, and international law, It also gives law its normative character as a condition of freedom under which public compulsion is justified. .

This course will examine the notions of right and legality that Kant sets out in his short but dense work The Doctrine of Right. We will discuss Kant’s conception of property, contract, the family, the judiciary, the organization of the state, the relation between the state and its citizens, and relations among states. Throughout the course, participants in the class will be invited to consider the extent to which Kant’s account of law is helpful in understanding contemporary legal issues.

Evaluation
Students are required to write seven comments, each not more than 250 words (one page), and a final essay of approximately 5000 words. Evaluation will be based on the essay, but a student who does not submit the comments as required will have five marks deducted from the essay grade. Students may satisfy the Perspective requirement.