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This course explores the origins, nature, and functions of law. The class will take up such questions as: How do we know when a legal system exists? Do legal rules actually constrain judicial decision-making or do other systems of thought (race, politics, economics, ideology) dictate outcomes? Where no legal norm controls a case, how ought judges to decide that case? Our purpose is to gain a deeper appreciation for the theoretical foundations of Anglo-American legal institutions. No familiarity with either jurisprudence or philosophy will be presupposed, though some readings will be intellectually demanding.
Textbooks and Other Materials
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First Class Readings
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