Examines the political theory of pluralism. What is the difference between identity politics and interest group politics? When should democracies recognize and accommodate particular religious, racial, cultural groups (or others) in awarding rights or benefits, providing exemptions from the law, and guaranteeing political representation? How much self-government should groups be permitted to exercise over their members? Readings combine legal cases and historical and contemporary political theory.
"Legalism" refers to rule-making, rule-following, and legal reasoning. This course considers the omnipresence of legalism in every aspect of our lives—from criminal due process to Harvard course requirements to the rules made and enforced by voluntary associations like the Boy Scouts. Public law is only one of many systems of rules under which we live. Our social universe is jurisgenerative.