It's Your Education, Make an Informed Choice.

We will examine the dynamic that exists between natural law, which is intrinsically moral, and positive law, which is created for a specific purpose. We will explore Thomas Aquinas’ thought that natural law came from God and the only option was to obey such law. There will also be discussions of Lon Fuller’s philosophy of the “inner morality of the law,” which creates a link between positive law and natural law. We will also look into the philosophies of Ronald Dworkin, who concentrated on moral laws between the government and the individual; John Austin who believed the law is a series of commands that impose obligations on individuals; and H.L.A. Hart, who focused much of his attention on primary and secondary rules and how they relate to individuals.

Course Objectives

• By the end of this course, students will be able to explore the relationship between law and morality.
• Students will get a brief introduction to the concept of natural law, as well as analyze and discuss what Lon Fuller means with his phrase “inner morality of the law.” Students will also consider Austin’s theory of law as command and learn what H.L.A. Hart means by primary and secondary rules.
• Participants will examine Thomas Aquinas’ theory of law, assess Dworkin’s interpretive theory (especially in light of the Constitutional right of privacy), and discuss the meaning of “legal positivism.”
• By the end of this course, students will be able to define the following key terms: natural law, legal positivism and primary and secondary rules.