Instructor(s): Alan Brudner

Note: This course meets the Perspectives Requirement. Students may also write a SUYRP in this course.

G. W. F. Hegel’s Philosophy of Right ranks among the greatest works of legal and political philosophy ever produced, alongside Plato’s Republic, Aristotle’s Politics, Hobbes’ Leviathan, Rousseau’s Social Contract, and Kant’s Doctrine of Right.  In this course we read Part I (Abstract Right) and selections from Parts II (Morality) and III (Ethical Life) of Hegel’s book. We focus on his theory of property, contract, tort, crime, legal responsibility for outcomes, the legal process, positive rights, and the Constitution.  We ask how Hegel’s philosophy of law illuminates the law pertaining to conflicts of title, inalienability, adverse possession, the measure of contract damages, unconscionable bargains, corrective justice, the mental element of crime, just punishment, due process of law, and the division of state powers.  Contrasts are drawn between Hegel’s understanding of legal institutions and rival understandings, both purely welfarist and purely right-based.

Evaluation
Evaluation will be based on one essay, 6,250 - 7,500 words in length and worth 100% of the course grade. The essay may discuss Hegel’s theory of an institution mentioned in the course description, or it may apply Hegel’s ideas to a problem in the positive law of property, contract, tort, crime, due process, or the Constitution. Professor Brudner will provide students with a list of suggested essay topics.
Academic year
2023 - 2024

At a Glance

First Term
Credits
3
Hours
2
SUYRP
Perspective course

Enrolment

Maximum
25

20 JD
5 LLM/SJD/MSL/SJD U

Schedule

Th: 2:10 - 4:00 pm