Philosophy 353: Philosophy of Law

You are more than welcome to see me during office hours for any reason (and I'm often in my office outside those hours). If you have a question, concern, complaint, or even if you just want to chat, feel free to drop in.

Required Text:  Feinberg, Coleman (eds.).  Philosophy of Law (preferably 7^th edition; 8th edition will work)

Course Description and Objectives:

This course will introduce you to a number of philosophical problems that arise with respect to law.  These problems develop at a number of levels.  There are practical, concrete questions:  Is the death penalty a just form of punishment?  Is there a constitutional right to privacy?  These questions lead to more general ones about the purpose of punishment, the principles of constitutional interpretation, and our obligation to obey the law:  What exactly is the purpose of punishment?  How is punishment limited by justice?  How should we interpret general constitutional concepts such as “cruel and unusual punishment” or “equal protection of the laws?”  When is it permissible—or obligatory—for a citizen to break the law?”  Finally, these questions lead us to fundamental philosophical issues regarding the nature of law:  What exactly is a law? What distinguishes laws from mere rules or commands?  Is a “law” that is grossly unjust a law at all?  What explains the citizen’s ordinary obligation to obey?

These are some of the questions we will examine in the course.  Our goal will be to understand and criticize (critically evaluate) both the answers these philosophers provide and (more importantly) the arguments they advance in defense of those answers.  Thus the objectives of the course are:

        --To understand a number of the fundamental philosophical questions (both theoretic and practical)
             that arise with respect to the law
        --To understand some of the main answers philosophers have provided for those questions and
                the arguments in defense of those answers
        --To understand some of the potential objections against these arguments, along with potential
                responses to these objections.

Grading

For better or worse, one of my duties in this class is to give you a grade. Your grade will be determined by your performance on the following assignments:

             Assignments:                                          % of Final Grade

    Option 1

                --Critical Summaries and Critiques                     15
                --3 short essays                                  20 each = 60
                --Final Exam                                                       25

    Option 2

                --Critical Summaries and Critiques                       15
                --Short Essay                                                        20
                --Term Paper                                                        40
                --Final Exam                                                         25

Note on Grading:  I am aware that grading standards vary widely across the university.  I will do my best to follow the university's guidelines.  Grades in the 'A'-range represent genuinely outstanding or excellent work.  Grades in the 'B'-range represent good work.  Grades in the 'C'-range represent adequate work.  If at any point in the class you become concerned about your grade, please see me immediately.  I will do everything I can to help you earn the grade you seek.

Late work: In fairness to other students, essays that are handed in late will be assessed a penalty of 2 points per day.

Rewrite policy: Any essay (turned in on time) that receives less than a 'C' may be rewritten for a grade of no higher than 'C'.

Tentative Schedule of Weekly Readings and Assignments

Introduction

Jan. 11th  --No reading
Jan. 13th  --Intro to Part One (1-7); Riggs v. Palmer (online).

Foundations:  Nature of Law and Jurisprudence

Mar. 10th  --

Liberty and Rights

May 1-7: Final Exams   

Miscellaneous Announcements

Message from ADA Disabilities and Resources:  Our program is committed to helping all students achieve their potential.  If you have a disability or think you have a disability (physical, learning disability, hearing, vision, psychiatric) which may need reasonable accommodation, please contact the ADA Disabilities & Resource Center located in Gravely Hall, Room 123 (282-3599) as soon as possible.

Class attendance:  You will notice that attendance is not included in the calculation of your grade. However, I do expect you to attend class, and I encourage you to participate actively. Doing so will not only allow you to get the most out of the class, but may tip the scales in borderline grade situations. Please note that if you must miss class, you are responsible for handing in ahead of time any assignments due. Otherwise the late work policy will take effect.

Plagiarism:  The university (and I) view plagiarism and cheating as academic dishonesty, extremely serious offenses that can quickly bring an end to your college career. In writing papers for this class, please make sure that you document appropriately all quoted and paraphrased passages from other authors. I am not picky about how you do it, and I am not going to crucify you for an innocent mistake; but if you decide to turn in a paper that tries to hide a number of quotes from other texts (or the internet), you are playing a very dangerous game.  Similarly for cheating on an exam:  Penalty for intentionally plagiarized work, or cheating on an exam, is an 'F' in the course and referral to the Dean of Student Affairs for further action.