Mootz overview of the “crash course” materials
· Highlighted the major approaches and areas of study in the philosophy of law.
· Recommended referring back to the materials for more in depth information.
· Suggested an area that the materials do not cover: continental philosophy prevalent in European tradition that differs from the Anglo-American tradition.
o Continental philosophy, sometimes called analytic philosophy, often rejects the science-based approach to philosophy and relies more on concepts that affect the human experience.
§ Ex: Kant, Nietzsche
Key questions addressed on Philosopher’s Brief:
· What is the role of the philosopher according to the brief?
o Denies asking court for moral rulings but to advocate justice through fundamental principles of liberty such as the inherent right of humans to decide the circumstances of their own death without government interference.
§ Isn’t the very assertion of this right a moral claim?
· Can any society ever have a set of laws that are completely divorced from morality?
o Perhaps only if completely obeyed and never criticized or changed based on moral claims?
Suggestions for future meeting topics:
· The connection, or lack thereof, between legal rules and justice
o What happens when the law doesn’t represent a person or society’s idea of justice?
· The nature of judicial decisions in the common law system
o On what do judges rely when making decisions, and do they make law based on morality or make morality by creating law?
· The nature of humans as moral or amoral beings
o Which are we, and how does/should that nature affect legal systems?
Suggested texts for discussion:
· C.S. Lewis
· The Merchant of Venice
· Judgment at Nuremburg
