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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