Spring 2006
T, TH 1.00 p.m. – 4.00 p.m.
Professor: James E. Mahon
Office: 24 Newcomb Hall
Office Hours: T, TH 4.00-5.00 p.m. (and by appointment)
Email: mahonj@wlu.edu
Tel.: 458-8051
COURSE DESCRIPTION
What is a law? Can a law be unjust and still be a law? Must I always obey the law? Ought there to be laws prohibiting me from harming myself? Should society be permitted to make laws that prohibit consensual activities not harmful to others? Should society be permitted to make laws that enforce its religion? Should law protect all speech -- for example, racist and sexist speech -- and all publications -- for example pornography and anarchy manuals? Does the American Constitution guarantee a right to privacy? Does this right incorporate the right to have an abortion? Should there be laws that grant certain underprivileged, or unrepresented, groups in society preferential treatment? What is the justification for legal punishment? Is the death penalty ever justified? Should I be held legally responsible for acts that were unintended? Is my state of mind in breaking a law relevant in determining my culpability? What principles should be used in the interpretation of laws to cover novel and unforeseen cases?
In this course we will examine these and other related questions with a view towards arriving at a better understanding of law and its relationship to morality. Students will become familiar with some of the major theories about the nature of law and with problems raised by some of the most controversial intersections of law and morality. Students will learn how to critically evaluate the arguments of the philosophers, justices and commentators they study through class discussion and the writing of papers.
PARTICIPATION
Class attendance is mandatory. Students who claim to be sick must get a doctor's or nurse's note for me. Missing two classes (i.e. counts as two weeks of normal class) will be sufficient to fail the course.
Students will be asked questions on the day’s reading and will be expected to contribute to the class discussions. Participation in class will count towards the grade for the course. Preparation for class may include a short written assignment (see below).
ASSIGNMENTS
In order to help students develop their critical reading skills, and as a way of focusing class discussion, students will sometimes have to write a short assignment for class. The assignment will take the form of an answer to a question about the reading. The minimum length of an assignment is two pages. These assignments will be graded. Class assignments will count towards the grade for the course.
PAPERS
Students will have to write TWO papers for this course, normally 6-8 pages. Students who have not written a philosophy paper before should consult the following guide: Guide to Writing a Philosophy Paper. Students are also encouraged to discuss their papers with me in advance of writing them. Papers should be typed (double-spaced). More details (about length, margins, the correct use of secondary sources, citations, and so forth) will be given when the first paper topics are assigned. Each paper will be awarded an individual grade. The due dates for papers are given in the Class Schedule below. Students who hand in their papers after the due date may be penalized, unless they have obtained prior permission from me.
EXAMINATION
There will be one final three-hour examination in this course. The examination will range over everything that has been assigned for class and discussed in class, even if the discussion extends beyond the assigned readings.
BREAKDOWN OF COURSE GRADE
Two papers 50 %
Examination 30 %
Class assignments & participation 20 %
REQUIRED TEXTS
The Philosophy of Law: Classic and Contemporary Readings with Commentary, ed. Frederick Schauer and Walter Sinnott-Armstrong (Fort Worth, TX: Harcourt Brace, 1996) [ PLCCR ]
On Liberty [1859], John Stuart Mill, ed. Elizabeth Rapaport (Indianapolis, IN: Hackett, 1978)
Philosophy of Law: An Introduction to Jurisprudence, rev. ed., Jeffrie G. Murphy and Jules L. Coleman (Boulder, CO: Westview Press, 1990) [ PLIJ ]
Philosophy of Law, ed. Ronald Dworkin (Oxford: OUP, 1977) [ PL ]
HANDOUTS
"Letter from Birmingham Jail", Martin Luther King, Jr., in Civil Disobedience: Theory and Practice, ed. Higo Adam Bedau (NY: Macmillan, 1969), p. 72-89
"Civil Rights - Yes: Civil Disobedience - No (A Reply to Dr. Martin Luther King)", in Civil Disobedience: Theory and Practice, p. 106-115
20 THEORIES OF LAW
PLCCR, Chapter 1: p. 1-49, p. 107-115.
PLIJ: Chapter 1, p. 6-66
H. L. A. Hart, "Positivism and the Separation of Law and Morals", p. 17-37
25 CIVIL DISOBEDIENCE
PLCCR, Chapter 3: p. 250-277
John Rawls, "A Theory of Civil Disobedience", in PL, p. 89-111
Martin Luther King, Jr., "Letter from Birmingham Jail"
Louis Waldman, "Civil Rights - Yes; Civil Disobedience - No (A Reply to
Dr. Martin Luther King)"
27 Judgment at Nuremberg
MAY
2 LIBERTY AND LIBERALISM
J. S. Mill, On Liberty
4 PATERNALISM AND THE ENFORCEMENT OF MORALITY
PLCCR, Chapter 4, P. 307-353
PLIJ: Chapter 2, p. 67-108
Lord Patrick Devlin, "Morals and the Criminal Law", in PL, p. 66-82
H. L. A. Hart, "Immorality and Treason", in PL, p. 83-88
5 ****** FIRST PAPER DUE ******
9 FREEDOM OF SPEECH AND PORNOGRAPHY
PLCCR, Chapter 4, P. 354-402
PLIJ, Chapter 2, p. 67-108
Thomas Scanlon, "A Theory of Freedom of Expression", in PL, p. 153-171
11 THE RIGHT TO PRIVACY AND ABORTION
PLCCR, Chapter 4, P. 354-402
PLIJ, Chapter 2, p. 67-108
J. J. Thomson, "A Defense of Abortion", in PL, p. 112-128
John Finnis, "The Rights and Wrongs of Abortion", in PL, p. 129-152
16 DISCRIMINATION AND AFFIRMATIVE ACTION
PLCCR, Chapter 4: p. 542-605
Cases: Bakke and
18 PUNISHMENT AND THE DEATH PENALTY
PLCCR, Chapter 6: 659-780
PLIJ, Chapter 3, p. 109-142
19 ****** SECOND PAPER DUE ******
23 RESPONSIBILITY
PLCCR, Chapter 7, p. 783-927
25 TORTS, LEGAL PROCEDURE AND EVIDENCE
PLIJ, Chapter 4, p. 143-180
PLCCR, Chapter 8, p. 929-976
27-29 ******* FINAL EXAMINATION ******