Philosophy 328/ Philosophical Issues in the Law



Philosophy 328/ Philosophical Issues in the Law Office: Knorr House B8 (basement)

Spring 2005 Hours: M 4:14 - 6pm; T 10:30 –noon;

MW 6:00 – 8:00 pm W 5-6 pm and by appointment

Pacific Lutheran University 253/535 – 8739

Dr. Pauline M. Kaurin email: kaurinpa @ plu.edu

Webpage: plu.edu/~kaurinpa/ Dept Web Page: plu.edu/%7Ephil/

Objectives of the Course:

1- To critically analyze, understand and evaluate a range of philosophical arguments on the central concerns of law and legal philosophy (the sources of law, obligation, role of law in society, crime and punishment) their contexts and implications.

2- To develop skills in philosophical argumentation, counter-argumentation and defense, both in written and oral form.

3- To engage with philosophical texts, philosophers and members of the class in the philosophical process.

4- To construct and develop one's own philosophical view with a deeper understanding of both philosophical process and heritage.

5- To participate in the philosophical process by presenting your work to the class, for input, questions, constructive criticism and discussion.

Class Requirements:

Critical Reflection Papers: A 2-3 page paper (about 500 -750 words) which is designed to engage the readings on your own and to work through the four steps in the writing process before class discussion, practicing the philosophical virtue of autonomy. These papers are graded on a +, (,( scale and will contribute to the effort portion of your grade. These papers are due at the beginning of class (6:00 pm) on the following dates: February 7, 14, 23, 28, March 7, 30, April 4, 11, 18, 25 and May 2. You may opt out of three papers without penalty, no more than two before or after midterm. Allowing you to opt out of papers is designed to accommodate illness, emergencies and other problems; use discretion, since I DO NOT accept late papers without prior consultation -- regardless of the reason.

Essay #1: An 8--10 page (about 2000 – 2500 words) paper dealing with one of the major issues raised in jurisprudence or legal theory: either – the natural law tradition, the social constructivist tradition, liberalism or communitarianism. First draft due at the beginning of class March 14; final draft due at the beginning of class April 13.

Essay #2 and Presentation: This paper will also be a 12--15 page (3000 – 3500 words) dealing with a central, specific issue in jurisprudence and addressing how that issue impacts how one defines Law. You also have the option to do your own project on some aspect of Legal Philosophy. (If you choose this option, you are required to have a conference with me to discuss how you will proceed, no exceptions.) In either case, a written proposal is due no later than April 27; you will present the First Draft of this paper to the class for discussion and input before you write the final draft. First draft due the class period before you present (May 2, 4 or 9), final draft due during final examination period (as assigned.)

Class Attendance: You are expected to be in class, on time and prepared to discuss the assigned readings. More than 4 absences, chronic lateness or consistent lack of preparation will result in a significantly lower grade. This grade may also include minor assignments to be announced in class as we proceed; these assignments are graded on a +, (, ( scale and there are no make-ups.

Peer Critiques: Two 2-3-page critiques written assessing the arguments in the First Draft of another student’s Essay, to provide input during the final stages of writing. Due March 16 and the day your partner presents their paper (May 4, 9 or 11).

Article Presentation: You will be required to present and discuss one of the assigned articles, giving both exegesis/analysis and your own assessment of the arguments presented, between February 23 and May 2. (See the assignment sheet and list for more information.)

Grading:

Critical Reflection Papers (Total: 11 -3 = 8) 20%

Essay #1 25%

Essay #2 and Presentation 25%

Class Attendance/Preparation 10%

Peer Critiques (Total: 2) 10%

Article Presentation 10%

Class Policies: (see also Class Expectations handout)

This is a seminar format and is a discussion class, so it is crucial that you not only do the reading, but also come to class prepared with questions and comments and actively engage and participate. Lateness is not only disruptive to the discussion process, but also inhibits your participation. If you must come late (or leave early), be respectful of the class' time and space. Be respectful of the class time and space by turning down/off cell phones, beepers etc. and refraining from engaging in other tasks during our discussion – knitting, revising your resume, doing homework etc.

All papers should follow the guidelines that I have set out in the Essay Guidelines handout as well as being typed, double spaced and conforming to the MLA or Chicago Manual Style. I do not accept papers via mail, disk, fax, email or carrier pigeon.

I will accept NO late papers (either Critical Reflection Papers, Essay or Critique) without prior permission and consultation. A late paper is defined as any paper than comes in more than 5 minutes after the due time (normally the beginning of class – 6:00 pm)

If a situation arises that may effect your attendance and/or work, please consult with me as early as possible and I will be more than happy to work with you.

In the event that classes are cancelled (either due to inclement weather or my illness), call my extension for instructions. You are responsible for any assignments or directions I give you. Unless you hear from me otherwise, the schedule remains as is.

N.B. There is no pre-requisite for this class, but it is an upper division class and the expectations are in accordance with this fact.

Required Texts:

Clarence Morris: Great Legal Philosophers

John Arthur and William Shaw: Readings in Philosophy of Law (3rd ed.) ISBN: 013027741X

Recommended Texts:

Larry May, Nancy Snow and Angela Bolte: Legal Philosophy: Multiple Perspectives. ISBN: 0767410092

Class Schedule: Morris text (M); Arthur and Shaw (AS); Course Packet (CP)

February 2: Intro; What is your assessment of the Problem of the Grudge Informers? Why? What would your argument be?

February 7: CRP #1 due; Quiz, skim Arthur and Shaw (AS): Chapter 2 “The Rule of Law”; read Morris ( M) : Aristotle and Cicero

February 9: read 1) M: Aquinas and 2) Contemporary Natural Law – Finnis and Blackstone (CP: A); 2 discussion questions (100-150 words typed on each question)

February 14: CRP #2 due; read M : Hume

February 16: read M: Dewey and M: Bentham; 2 discussion questions

February 21: no class (President’s Day Holiday)

February 23: CRP #3 due; read 1) M: Hobbes and Locke (review/skim Rousseau) and 2) Contemporary Liberalism (CP: B)

February 28: CRP #4 due; read M: Mill

March 2: read Communitarian vs Liberalism (CP: C); 2 discussion questions

March 7: CRP #5 due; read AS: Chapter 4 “The Elements of Legal Reasoning”

March 9: read AS: Chapter 6 “Formalism and Legal Realism”; 2 discussion questions

March 14: First Draft Essay #1 due; read M: Austin; AS: Chapter 7 (Hart)

March 16: Peer Critique #2 due; read AS: Chapter 7 (Dworkin);

Spring Break

March 28: No class

March 30: CRP #6 due; read AS: Chapter 9 (Critical Legal Theory – Gordon, Altman, Dworkin) and (Feminist Jurisprudence – Rifkin and West); 2 discussion questions

April 4: CRP #7 due; read M: Grotius, Nuremberg Principles (CP:D)

April 6: read Contemporary Issues in International Law (CP: E); the case of the detainees at Guantanamo Bay – independent research; Movie: Nuremberg (in class)

April 11: CRP #8 due; read AS: Chapter 11

April 13: Essay #1 due; be prepared to discuss Minority Report

April 18: CRP #9 due; read AS: Chapter 10

April 20: 2 discussion questions; come prepared to discuss Clockwork Orange

April 25: CRP #10 due; read 1) AS: Chapter 17 (Free Speech and Religion) and 2) US Patriot Act

April 27: read AS: Chapter 17 (Free Speech and Pornography); Essay #2 proposals due

May 2: CPR #11 due; finish AS: Chapter 18

May 4: First Draft Essay #2 due: Peer Critique #2 due; Paper Presentations

May 9/11: First Draft Essay #2 due; Peer Critique #2 due; Paper Presentations

Final Essay #2 due during the final exam period (as assigned)

Suggestions for Critical Reading:

When reading any philosophical material, some things to keep in mind, to look for and note-

1-- What is the thesis? What is the philosopher trying to argue for? Against? Why? What is the motivation of the author? What are his/her concerns? Why?

2-- What evidence does the philosopher give for the thesis? Why?

3--What is the structure/order of the argument? What significance does it have? How are the parts of the arguments connected with one another?

4--What kind of argument is the philosopher using? Any fallacies?

5-- Does the argument/thesis tally with reality or experience? Can you think of any counter-examples that would present a problem for the thesis or argument?

6-- Do you “buy” the thesis/argument? Why or why not?

7-- Is the issue addressed an important one? Why or why not?

********When reading, always write questions or comments in the margins. Be sure and constantly question what the philosopher is doing, how and why. Circle any references or terms that are unfamiliar or hard to understand and bring them up in class. Finally, remember the Big Picture.

Extra Credit Oppurtunities:

Throughout the semester, you can receive extra credit by bringing in articles or topics to informally present for class discussion; you will want to check with me so you can think about how best to integrate what you bring into the class discussion. See me for instructions.

In addition, I may assign various lectures or events on campus for extra credit – you can receive 1 point = 1 set of discussion questions or in class group work for attending and 2 points for attending and writing a short 1-2 page reaction paper.

Notes and Reminders:

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