JPI 966
Civil Law and Nature: From Sexual Difference to Androgyny
Is civil law an expression of wisdom or knowledge about the human person and his nature? Classical conceptions of law tend to answer this question affirmatively. Modern jurisprudence, on the other hand, characteristically begins with a denial of any intrinsic relation between law and either nature or truth. This denial implies a profound shift in the anthropology mediated by law, indeed a shift from an anthropology of sexual difference to an androgynous one. What broader historical changes provide the background of this historical shift? Can the modern claim to remain aloof from questions of nature and truth be maintained concretely? Does it contain internal contradictions? This class will address these questions with a particular view to understanding the relationship between law and the meaning of the body. Readings may include: Sophocles, Aristotle, St. Thomas, D. Hume, I. Kant, J. S. Mill, L. Strauss, H. L. A. Hart, J. Rawls, R. George, J. Finnis, M. Foucault, L. Irigaray.
