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Examination of global philosophical issues related to law and politics, focusing on the relationship between law and morality, the nature and functions of law, traditional concepts of justice, and contemporary discussions of political legitimacy. COURSE
OBJECTIVES
By faithfully completing all the reading assignments,
successfully writing the three essays, and actively participating in the
discussions, you should be able to do the following by the end of the
semester:
This course will emphasize discussion and writing. I
will regularly suggest questions pertaining to the material we will be
discussing in the following class. Students should come to class prepared
to address these questions. Always
bring your books to class. There will be three three-page critical essays
(approximately 1000 words each), one presentation/performance, a midterm,
and a final exam. Each paper is worth 10% of your final grade; the oral
performance, 10%; participation, 20%; the midterm, 20%; and the final,
20%. All essays must be typed and double-spaced, with
margins of 1.25 inches. Three pages means three full pages. Unexcused late
work will be penalized 10% per day. All essays are due at the beginning of
the class period. Due dates for the essays are listed in the course
schedule, below. Further details on the nature of these essays, as well as
of the midterm and final exams, will be given in class. This is an upper-division course. As such, it will require a great deal of work on your part. The readings are often difficult, sometimes long, and occasionally both. All essays should be polished, well-written, and persuasive. You should plan to devote 8-10 hours per week to your work in this course, in addition to the scheduled class meetings. All student work will be judged according to the following academic criteria:
SUPREME COURT OPINIONS Every student will be assigned to a group of students
later in the semester. Those students will constitute a group of Supreme
Court Justices ruling on a particular issue. Each group should begin by
making a 7-10 minute presentation, and will then lead the class in
discussion of the issue for the rest of the period. This presentation is
10% of your grade. Every member of the group must be in class the day
of the presentation. Every
student will also write an opinion for the issue in question (this is the
third of the three required essays), which will eventually become either
the majority opinion (the decision of the court), a concurrence, or a
dissent. Further information on these
presentations will be given in class. LAST WORDS My office hours are listed above. Please feel free to
come by, call, etc., during those hours. If that doesn’t work, I would
be happy to schedule an appointment at another time. Communication by
email is especially welcome (moderation in this, as in all things...). Finally, realize that it is not unusual for a course like this one to raise challenges to and doubts about some of our most cherished beliefs. It is important that each of us is sensitive to the views of those around us. At the same time, each of us should also be aware that controversial issues, arguments, and positions will be discussed in this course. If something bothers or offends you, let me know and I will do what I can.
UNIT I
WHAT IS LAW? THE MORAL OBLIGATION TO OBEY THE LAW
Aug 19 Th
Introduction Aug
24 T
Plato’s Euthyphro, Apology (read p. 3-53 in The
Trials of Socrates) Aug
26 Th
Plato’s Apology (conclusion),
Crito, Phaedo, and Xenophon’s
Defence (read p. 53-83,
178-84 in The Trials of Socrates) Aug 31 T
Is there a moral obligation to obey the law? Sep 2 Th
Civil Disobedience Sep 7 T
Legal Reasoning
Sep 9 Th
Legal Reasoning
First Essay Due
UNIT II
JUSTICE
Sep 14 T
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LINKS
Here are some links that you may find useful, interesting, or even both. If you have any questions about specific pages that you see here, feel free to ask me. Enjoy. General Supremes Stuff: http://www.supremecourtus.gov/ http://www.oyez.org/oyez/frontpage Roe v. Wade http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=113 Planned Parenthood v. Casey http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=505&invol=833 I pledge allegiance... http://www.cnn.com/2002/LAW/06/26/pledge.allegiance/ Lawrence and Garner vs. Texas http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-102#dissent1 http://www.cnn.com/2003/LAW/06/26/scotus.sodomy/index.html SUPREME COURT GROUPS Follow the link to your case. You will open a section of the Supreme Court Docket, sorted by the date your case is scheduled (October, November, December, or unscheduled). Scroll down until you find your case. Follow the links from there for more information, lower court decisions, etc. Remember that every member of your group will file one opinion, but will need to be familiar with and cast their vote in two cases. Good luck. Please contact me with any questions or problems. Roper v. Simmons: http://supreme.lp.findlaw.com/supreme_court/docket/2004/october.html Shepard v. U.S., Devenpeck v. Alford, Illinois v. Caballes, Ashcroft v. Raich, Johnson v. Gomez, Florida v. Nixon: http://supreme.lp.findlaw.com/supreme_court/docket/2004/november.html http://supreme.lp.findlaw.com/supreme_court/docket/2004/december.html Van Ogden v. Perry and McCreary County v. ACLU are still pending
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