Brian Leiter : Courses and Seminars
Evidence
LAWS 41601
An examination of the federal rules governing proof at trial. On many points, the rules of most states are the same or similar (New York and California have the most differences, though even they have significant overlap with the Federal Rules). There will be somewhat more lecture than in a typical course, in order to facilitate coverage of material. Even so, certain relatively minor or easy topics will not be covered (Burdens of Proof, Presumptions, Judicial Notice), and others will be covered only briefly (e.g., Privileges, Impeachment of Witnesses). Approximately two-thirds of the term will be devoted to the two central topics in the law of evidence: relevance and hearsay (including the hearsay exceptions).
The student's grade is based on a proctored final examination.
Winter 2013
Brian Leiter
Jurisprudence I: Theories of Law and Adjudication
LAWS 47411
An examination of classic jurisprudential questions in and around the theory of adjudication: the theory of how judges actually do decide cases and how they ought to decide them. These questions include: Do legal rules really constrain judicial decision-making? What makes a rule (or norm) a rule of the legal system? Are principles of morality legally binding even when such principles have not been enacted into a law by a legislature? (Relatedly, are there objective principles of morality?) When no legal norm controls a case, how ought judges to decide that case? Can there be right answers to legal disputes, even when informed judges and lawyers disagree about the answer? Are there principles or methods of legal reasoning that constrain judicial decision-making, or is legal reasoning essentially indeterminate, such that a skillful judge can justify more than one outcome for any given dispute? Is judicial decision-making really distinct from political decision-making of the sort legislators engage in? Readings drawn exclusively from major twentieth-century schools of thought - especially American Legal Realism (e.g., Karl Llewellyn, Jerome Frank), Natural Law (e.g., Ronald Dworkin, John Finnis), and Legal Positivism (e.g., H.L.A. Hart, Joseph Raz) - supplemented by other pertinent readings (from Leslie Green, Richard Posner, and the instructor, among others). No familiarity with either jurisprudence or philosophy will be presupposed, though some readings will be philosophically demanding, and the course will sometimes venture into (and explain) cognate philosophical issues in philosophy of language and metaethics as they are relevant to the core jurisprudential questions.
Take-home essay exam.
The first meeting of the class will be on Tuesday, April 2 (not Friday, March 29), and attendance at the first session is mandatory for those who want to enroll.
Spring 2013
Brian Leiter
Workshop: Law and Philosophy
LAWS 61512
The Workshop will explore a broad range of topics that arise in ethics, philosophy of action, and philosophy of criminal law related to questions of freedom and responsibility: what is it to act freely? Is responsibility compatible with the causal determination of action? Does the assignment of responsibility in the criminal law make philosophical sense? How does addiction or mental illness affect ascriptions of responsibility in the law, and how should it? Readings will be drawn from philosophy, psychology, and criminal law theory.
Coates and Leiter will meet with enrolled students for two two-hour sessions in October to go over some classic readings on the subject of freedom and responsibility. We will then host six or seven outside speakers addressing these issues. Coates or Leiter will meet with the students a week in advance for one hour (4-5 pm) to go over the readings. Confirmed speakers so far include Pamela Hieryonmi (Philosophy, UCLA), Stephen Morse (Law & Psychiatry, Penn), Hanna Pickard (Philosophy, Oxford), Derk Pereboom (Philosophy, Cornell), and Gary Watson (Law & Philosophy, Southern California).
Attendance at all sessions of the Workshop is a requirement. JD students should contact bleiter@uchicago.edu with a resume and a brief statement of background and/or interest in the topic in order to secure permission to enroll. Philosophy PhD students may enroll without submitting these materials.
Spring 2013
Brian Leiter, Justin Coates
Workshop: Law and Philosophy
LAWS 61512
The Workshop will explore a broad range of topics that arise in ethics, philosophy of action, and philosophy of criminal law related to questions of freedom and responsibility: what is it to act freely? Is responsibility compatible with the causal determination of action? Does the assignment of responsibility in the criminal law make philosophical sense? How does addiction or mental illness affect ascriptions of responsibility in the law, and how should it? Readings will be drawn from philosophy, psychology, and criminal law theory.
Coates and Leiter will meet with enrolled students for two two-hour sessions in October to go over some classic readings on the subject of freedom and responsibility. We will then host six or seven outside speakers addressing these issues. Coates or Leiter will meet with the students a week in advance for one hour (4-5 pm) to go over the readings. Confirmed speakers so far include Pamela Hieryonmi (Philosophy, UCLA), Stephen Morse (Law & Psychiatry, Penn), Hanna Pickard (Philosophy, Oxford), Derk Pereboom (Philosophy, Cornell), and Gary Watson (Law & Philosophy, Southern California).
Attendance at all sessions of the Workshop is a requirement. JD students should contact bleiter@uchicago.edu with a resume and a brief statement of background and/or interest in the topic in order to secure permission to enroll. Philosophy PhD students may enroll without submitting these materials.
Autumn 2012
Brian Leiter, Justin Coates
Workshop: Law and Philosophy
LAWS 61512
The Workshop will explore a broad range of topics that arise in ethics, philosophy of action, and philosophy of criminal law related to questions of freedom and responsibility: what is it to act freely? Is responsibility compatible with the causal determination of action? Does the assignment of responsibility in the criminal law make philosophical sense? How does addiction or mental illness affect ascriptions of responsibility in the law, and how should it? Readings will be drawn from philosophy, psychology, and criminal law theory.
Coates and Leiter will meet with enrolled students for two two-hour sessions in October to go over some classic readings on the subject of freedom and responsibility. We will then host six or seven outside speakers addressing these issues. Coates or Leiter will meet with the students a week in advance for one hour (4-5 pm) to go over the readings. Confirmed speakers so far include Pamela Hieryonmi (Philosophy, UCLA), Stephen Morse (Law & Psychiatry, Penn), Hanna Pickard (Philosophy, Oxford), Derk Pereboom (Philosophy, Cornell), and Gary Watson (Law & Philosophy, Southern California).
Attendance at all sessions of the Workshop is a requirement. JD students should contact bleiter@uchicago.edu with a resume and a brief statement of background and/or interest in the topic in order to secure permission to enroll. Philosophy PhD students may enroll without submitting these materials.
Winter 2013
Brian Leiter, Justin Coates
