Brian Leiter : Courses and Seminars
Greenberg Seminar: Capitalism, For and Against
LAWS 95922
We will read canonical texts in praise of and critical of capitalism as a means of social ordering. These are likely to include works by Friedman, Hayek, Marx, Cohen, and others.
Autumn 2009
M. Todd Henderson, Brian Leiter
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).
Winter 2010
Brian Leiter
Independent Research
LAWS 49901
Second- and third-year students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
Winter 2010
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.
Spring 2010
Brian Leiter
Independent Research
LAWS 49901
Second- and third-year students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
Autumn 2009
Brian Leiter
Independent Research
LAWS 49901
Second- and third-year students may earn course credit by independent research under the supervision of a member of the faculty. Such projects are arranged by consultation between the student and the particular member of the faculty in whose field the proposed topic falls.
Spring 2010
Brian Leiter
Social and Political Philosophy of Hegel and Marx
LAWS TBD
Hegel and Marx are the most important anti-liberal political philosophers of the modern era. In this seminar, we will critically evaluate their conceptions of history, society, and the 'good life' through careful study of selected texts. The seminar is open to PhD students and to JD students who have some background in philosophy or political theory. Students will be required to produce a research paper of 20-30 pages. Writing for this seminar may be used as partial fulfillment of the JD writing requirement (SWP for JD '10; SRP or WP for JD '11 and JD '12). Please e-mail bleiter@uchicago.edu if you have any questions.
Spring 2010
Brian Leiter, Michael Forster
