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The course provides an opportunity to conduct in-depth analyses of fundamental philosophical issues in international law,by placing them in their historical and socio-political context. The course does not set out to offer an exhaustive overviewof the subject, but rather to examine certain aspects of the philosophy of international law in detail. A basic knowledge ofthe main areas of public international law is desirable.The course will be divided into two parts, each comprising both history and philosophy. The first part will be devoted to anexamination of statehood and sovereignty, while the second will cover legal and political theories of war and peace.Statehood, Sovereignty and the Foundations of the International Order:Historical origins of the stateRepublicanism: Bodin, Machiavelli and RepublicanismGrotius and HobbesPufendorf, Wolff, VattelHegel and the HegeliansXX Century Debates on Sovereignty and the State Contemporary debates on sovereigntyThe state and sovereignty in the XX centuryTheories of War and Peace:Peace treaties and international law in European historyVitoria and SuarezGrotius and HobbesRousseau and KantModern theories of war and peace IModern theories of war and peace IIInternational law and the abolition of war in the XX centuryREADINGThere is no set textbook for this course, but the following books will be used frequently:Besson and Tasioulas (eds), The Philosophy of International Law (2010)Boucher, Political Theories of International Relations (1998)Crawford and Koskenniemmi (eds), Cambridge Companion to International Law (2011)Reichberg, Syse, and Begby (eds), The Ethics of War (2006)Tuck, The Rights of War and Peace (2000)PAPER 30. JURISPRUDENCEThis course addresses some of the central problems in the philosophy of law: questions such as the nature of law, thenature of justice, and the relationship between justice, legality and conceptions of human nature and human well-being.The following is an indication of some of the topics covered:1. The Aristotelian tradition of political thought, and early-modern departures from Aristotle: Hobbes and Grotius.2. Classical legal positivism: Hobbes and Bentham.3. Classical common law theories.102
4. Modern analytical legal positivism: Hart.5. Critics of legal positivism: Dworkin, Fuller.6. Modern theories of justice: Rawls.7. Liberalism and public morality: Rawls, Devlin, Hart.8. The natural law tradition: Aquinas and Finnis.Twentieth century debates will be addressed within the context of the broader traditions of philosophical thoughtconcerning law and justice. Continuities and discontinuities between the historic tradition and the modern debates will beacknowledged. The possibility that modern versions of the philosophical debate are to some extent impoverished ormisconceived will be considered.The course is suitable both for those who have already studied jurisprudence or philosophy of law, and for those with noprevious knowledge of the subject.READINGReading will be prescribed for each class, but the more important texts to be studied (in whole or in part) will be:Thomas Aquinas Summa Theologica, Treatise on law: I-II qq90-108; Treatise on justice: II-II qq57-62Bentham, An Introduction to the Principles of Morals and LegislationDworkin, Law’s EmpireFinnis, Natural Law and Natural RightsHart, The Concept of LawHart, Law, Liberty and MoralityHobbes, LeviathanRawls, A Theory of JusticePAPER 31. TOPICS IN LEGAL AND POLITICAL THEORYThis course explores five major topics in legal and political philosophy that are not covered by the LLM Jurisprudencecourse. Though the two courses nicely complement each other, each can be studied perfectly well in isolation from theother.1. Freedom(i)(ii)(iii)(iv)(v)(vi)(vii)What is freedom? What are the different varieties of freedom?Is the republican conception of freedom genuinely different from the negative conception?Is freedom a measurable property? If so, how can it be measured?Is the concept of freedom bivalent or trivalent?How do the workings of legal systems affect people’s freedom?Is freedom, as a political ideal, integrally connected to the rule of law?Is the value of freedom dependent on the value of justice?2. Rights(i)(ii)(iii)In what does a legal right consist?How do rights differ from other legal positions such as liberties and powers?How do we identify the holders of legal rights?103
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ContentsGeneral InformationOfficers
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Settlement of International Dispute
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Faculty AdministrationFaculty Offic
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The Faculty of LawLaw has been stud
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The LLM Degree. This degree is awar
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Opening Hours:Full Term: Monday to
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Rules Made by the Information Strat
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The Lauterpacht Centre for Internat
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Centre for Corporate and Commercial
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Cambridge Socio-Legal GroupThe Camb
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Dates of Faculty Board Meetings7 Oc
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Proceed with caution in reaching fo
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Faculty CommunicationEach year, the
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Law Tripos Part IA. A candidate for
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Prizes. The following prizes may be
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PAPER 2. CONSTITUTIONAL LAWA. The a
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Oliver, Constitutional Reform (2003
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Hedley, Tort (6th ed 2008)Weir, An
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3. Trusts and co-ownership: Concurr
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Brownlie, Principles of Internation
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Elliott, Constitutional Foundations
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Contract: covenant and debt; assump
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Statutes:Blackstone’s Statutes on
Page 52 and 53: For reference:Birks and Pretto (ed)
Page 54 and 55: Foster, EU Legislation (2010-2011)B
Page 56 and 57: PAPER 42. INTELLECTUAL PROPERTY1. I
Page 58 and 59: 2. Property torts (conversion and t
Page 60 and 61: (iii)Causation4. Contracts in Engla
Page 62 and 63: Rawls, Political LiberalismRawls, J
Page 64 and 65: Rodger and McCulloch, The UK Compet
Page 66 and 67: Law Commission, Renting Homes: The
Page 68 and 69: Human Rights Case DigestHuman Right
Page 70 and 71: 3. Title at common law and in equit
Page 72 and 73: Exemption from Professional Examina
Page 74 and 75: Paper application available to down
Page 76 and 77: Form of Examination and Designation
Page 78 and 79: ‘Open Book’ Papers. Where a pap
Page 80 and 81: LLM : Syllabuses and Lists of Recom
Page 82 and 83: ased upon one or two leading cases,
Page 84 and 85: Goff and Jones, The Law of Restitut
Page 86 and 87: Butterworths’ Company Law Handboo
Page 88 and 89: 2. The EU’s system for human righ
Page 90 and 91: the context of environmental protec
Page 92 and 93: European Competition Law Review (EC
Page 94 and 95: Crawford, The Treatment of Combatan
Page 96 and 97: Douglas, The International Law of I
Page 98 and 99: Unger, Free Trade Reimagined (2007)
Page 100 and 101: 3. Sceptics and Critics I4. Sceptic
Page 104 and 105: (iv)(v)(vi)(vii)Is either utilitari
Page 106 and 107: Reiman, ‘Justice, Civilization, a
Page 108 and 109: Gardner, Introduction to the Law of
Page 110 and 111: 1. Types of theoretical analysis an
Page 112 and 113: 2. Specific fieldsTopics to be sele
Page 114 and 115: The LLM (one-year taught postgradua
Page 116 and 117: As part of the requirements for the
Page 118 and 119: Teaching Members of the Faculty of
Page 120 and 121: MC Elliott, MA, PhD (Cantab); St Ca
Page 122 and 123: RA Melikan, BA (Mich), JD, MA (Chi)
Page 124 and 125: BD Sloan, MA, LLM (Cantab); King’
Page 126 and 127: Law Teachers in the Department of L
Page 128 and 129: Murray Edwards College. Dr S Turenn
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Contents - Faculty of Law - University of Cambridge

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