Content and Reading Assignment
Teaching Activities and Homework
Student workload expectation
What is Law? I
Hart and Fuller Debate
- H.L.A. Hart, Positivism and the Separation of Law and Morals, 71 (4) Harvard Law Review, 593, 615-621 (1958).
- Lon L. Fuller, Positivism and Fidelity to Law—A Reply to Professor Hart, 71 (4) Harvard Law Review 630, 648-661 (1958).
What is Law? II
Hart and Dworkin Debate: Ronald Dworkin, The Model of Rules I, II
- Ronald Dworkin, Taking Rights Seriously, Ch.2-3
What is Law? III
Ronald Dworkin: Law’s Empire I
- Ronald Dworkin, Law’s Empire, Ch.1-3
What is Law? IV
Ronald Dworkin: Law’s Empire II
- Ronald Dworkin, Law’s Empire, Ch. 6-7
What is a Right?
Ronald Dworkin: Right vs. Common Interests
- Ronald Dworkin, Do we have a right to pornography? in Matters of Principle
- Robert George, Making Men Moral, Ch.3
Judicial Review I:
Majoritarianism vs Rights
Ronald Dworkin’s Moral Reading vs Jeremy Waldron’s Case against Judicial Review
- Ronald Dworkin, The Moral Reading and the Majoritarian Premise, in Freedom’s Law, 1-38 (1996).
- Jeremy Waldron, The Core of the Case against Judicial Review, 115(6) Yale Law Journal 1346-1406 (2006).
Judicial Review II: Judicial virtue
McConnell’s objection to Dwork’s Moral Reading
- Michael McConnell, The importance of humility in judicial review, 65 Fordham L. Rev 1269 (1996-7_
Dworkin on Civil Disobedience
- John Rawls, The Justification of Civil Disobedience
- Ronald Dworkin, Civil Disobedience and Nuclear Protests
- Joseph Raz, A Right to Dissent Civil Disobedience
Dworkin vs Waldron on hate speech
- Ronald Dworkin, Foreword, in Extreme Speech and Democracy
- Jeremy Waldron, Ronald Dworkin and the Legitimacy argument, in the Harm in Hate Speech, ch.7