Hegel's Legal Philosophy (LAW215H1F)

G. W. F. Hegel’s Philosophy of Right ranks among the greatest works of legal and political philosophy ever produced, alongside Plato’s Republic, Aristotle’s Politics, Hobbes’ Leviathan, Rousseau’s Social Contract, and Kant’s Doctrine of Right.  In this course we read Part I (Abstract Right) and selections from Parts II (Morality) and III (Ethical Life) of Hegel’s book. We focus on his theory of property, contract, tort, crime, legal responsibility for outcomes, the legal process, positive rights, and the Constitution.  We ask how Hegel’s philosophy of law illuminates the law pertaining to conflicts of title, inalienability, adverse possession, the measure of contract damages, unconscionable bargains, corrective justice, the mental element of crime, just punishment, due process of law, and the division of state powers.  Contrasts are drawn between Hegel’s understanding of legal institutions and rival understandings, both purely welfarist and purely right-based.