Instructor(s): Hamish Stewart

For graduate students, the course number is LAW7555HF.

Note: The Blackboard program will be used for this course. Students must self-enrol in Blackboard as soon as confirmed in the course in order to obtain course information.

Is revolution—the (frequently violent) replacement of one legal order with another—compatible with law? Some have argued that by its nature a legal order cannot contemplate being replaced, while others have argued that the possibility of revolution is the ultimate guarantee of the legal rights of the people. This seminar course will explore a number of questions related to this debate. How can law contemplate the possibility of revolution? Can a revolution be brought about in accordance with law or in accordance with legal values? Do legal values have any relevance in revolutionary situations? How can law understand a non-violent revolution? What is the relevance of pre-revolutionary law in a post-revolutionary legal order? What, if anything, does revolution do to law? Can thinking about revolutions teach us anything about the nature of law? Readings may include texts by Locke, Kant, Marx, Luxemburg, Pashukanis, Weil, Schmitt, Benjamin, Derrida, Agamben, Ackerman, and Berman.

Evaluation
Contributions to classroom discussion (10%), five 250-word (one-page) comments on the readings (25%), and a final paper of 5500 to 6500 words, involving careful reading of a text that was not assigned for the class (65%).

At a Glance

First Term
Credits
3
Hours
2
SUYRP
Perspective course

Enrolment

Maximum
25

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

Schedule

M: 2:10 - 4:00