Syllabus Philosophy 330
Philosophy 330
Theories of Law
Syllabus
Fall, 2009
Classoom: VKC 256
Meeting times: Tues/Thurs 11-12::20
Instructor: Gary Watson
Office: Law School 304B
Office Hours: Tuesday: 1:30-3:00; Thurs. 1-2
& by appointment
Office Phone #: 09046
Email:
Course requirements:
Your grade will be based on your performance in the following three categories: (i) Participation and written responses to assigned reading questions. (ii) Two five page essays (due in the 7th and 13th weeks. (iii) A final exam. The essays and exam will be 30% each; the remainder of the grade will be based on (i). You will receive an A on this component of the course if you come to class regularly and turn in twelve satisfactory reading question assignments on time.
Plagiarism and academic dishonesty—the use of others’ work without full acknowledgement and citation—is intolerable in the academic community. Suspected plagiarism will be referred to the Office of Student Judicial Affairs. If you have questions about what counts as Academic Dishonesty, please see me or refer to
Schedule of Topics and Readings
(Unless otherwise noted, all page references are to be found in the Adams text)
Week 1
Aug. 25Introductions
Aug. 27Law and the State of Nature: Adams, 3-14; LockeLaw and Political Power (Blackboard)
Week 2 Authority and Jurisdiction
Sept. 1Adams, 15-18; Nuremberg, A Fair Trial? 22-33
Sept. 3 Film: excerpt from “Judgment at Nuremberg”
THE NATURE AND INTERPRETATION OF LAW
Week 3 Natural Law and Positive Law
Sept. 8 Aquinas (in Adams, 76-8); John Austin (in Adams, 49-54)
Sept. 10H.L.A. Hart, in Adams 61-70; ML King Jr.78-82. [recommended, Nino (in Adams, 46-9)]
Week 4 Legal Positivism (cont.)
Sept. 15 Lon Fuller, in Adams 70-60.
Sept. 17 John Finnis, “Natural Law Theories,” [Further Reading: Andre Marmor, “The Nature of Law”, Green, “Legal Positivism”,
Week 5 Legal realism
Sept. 22 Adams, 83-89, Holmes, 89-95; Frank, 95-99
Sept. 24 No class
Week 6 Skepticism
Sept 29Critical Legal Theory, Tushnet, 99-105; Altman, 105-110
Oct. 1TBA
Week 7Law as IntegrityFirst Essay Due
Oct. 6The third theory of law. Dworkin, 111-119
Oct. 8 Riggs v. Palmer; 149-52; The Antelope, 157-59.
Week 8Issues of Interpretation
Oct. 13 Adams, 164-72; Smith v. U.S, 172-175; Church of the Holy Trinity, 176-178.
Oct. 15 Scalia, 179-84; Dworkin; 184-88.; Bork, 188-191
EQUALITY AND DISCRIMINATION
Week 9Equality and Race
Oct. 20 Adams, 276-79; Legal Cases: Dred Scott; Plessy v. Ferguson;Brown v. Board of Education (links on Blackboard).
Oct. 22 Zack, What is Race? 295-300; Malcolm X, “The Ballot or the Bullet” (0n-line)
Week 10Equality, Sufferage, and Citizenship
Oct. 27 The Citizenship cases: US v. Azawa; in re Thind (links on Blackboard)
Oct. 29 Seneca Falls Declaration (on-line)
Week 11Gender and sexual orientation, and intersectionality
Nov. 3Loving v. Virginia 370-72;Baeher v. Lewin 319-322; California Propostion 8; Sunstein, 322-326.
Nov. 5Minow, 327-332; Wasserstrom, 332-338;
RESPONSIBILITY FOR CRIME, LIABILITY FOR HARM
Week 12Crime and Punishment
Nov. 10Adams, 384-390;Anthony Duff, “Theories of Criminal law”, Bentham, 452-56
Nov. 12; Hart, 461-64; Michael Moore, 456-61
Week 13Justification and Exuse Second Essay Due
Nov. 17 Adams, 406-414; State v. Leidholm, 421-423; Rosen, The Battered Woman’s Defense, 423-30
Nov. 19 State v. Cameron, 430-433; the McNaughton Rules (On-line); Morris, 433-437; Morse, 437-40; Dolinko, 449-452; (add further cases: punishing animals?)
Week 14Fault and Liability
Nov. 24Adams, 517-524; Holmes, 528-533; Coleman, 539-49 [Further reading:
Nov. 26 Thanksgiving Holiday
Week 15 Cause and Liability
Dec. 1 Summers v. Tice, 607-09; Palsgraf v. LIR, 563-68; Adams, 554-560; Hart and Honore, 569-577; Thomson, 577-85.
Dec 3no class
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