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Tom's Office Hours: T Th 1:30pm-2:30pm and by appt., Robinson B443

Philosophy of Law Reading Schedule

Week Beginning: Day Topic Reading Assignment
25-Aug Tuesday Introduction
Thursday Positivism: Command View Austin, "The Province of Jurisprudence"
2-Sep Tuesday Positivism: Primary & Secondary Rules Hart, The Concept of Law (selections)
Thursday Positivism: Primary & Secondary Rules Hart, The Concept of Law (selections)
9-Sep Tuesday Positivism: Primary & Secondary Rules Hart, The Concept of Law (selections)
Thursday Natural Law: Classical Formulation Aquinas, Summa Theologica (Read the sections titled Question 90 and Question 94)
16-Sep Tuesday Natural Law: Classical Formulation Aquinas, Summa Theologica (Read the sections titled Question 90 and Question 94)
Thursday Natural Law: Contemporary Formulations Finnis, Natural Law and Natural Rights (selections)
23-Sep Tuesday Natural Law: Contemporary Formulations Murphy, "Natural Law Jurisprudence"
Thursday Natural Law: Rule of Law View Fuller, "Eight Ways to Fail to Make Law"
29-Sep Tuesday Natural Law: Rule of Law View Fuller, "Eight Ways to Fail to Make Law"
Thursday Economic View Posner, "Values and Consequences"
7-Oct Tuesday Integrity View Dworkin, Law’s Empire (selections)
Thursday Legal Realism Holmes, "The Path of the Law" (esp. 457-468); Frank, Law and the Modern Mind, Chapter 5
14-Oct Tuesday Fall Break - No Class
Thursday  Critical Legal Studies Kennedy, The Distinction Between Adjudication and Legislation
21-Oct Tuesday MIDTERM - October 22 On material covered before fall break.
Thursday Critical Race Theory Crenshaw, "Demarginalizing the Intersection of Race and Sex"
28-Oct Tuesday Critical Race Theory Bell, "Racial Realism"
Thursday The New Jim Crow Alexander, "The Color of Justice," The New Jim Crow, Chapter 3
4-Nov Tuesday Feminist Critics Smith, "Four Themes in Feminist Legal Theory: Difference, Dominance, Domesticity, and Denial"
Thursday Feminist Critics MacKinnon, "Sexual Harassment: Its First Decade in Court"
11-Nov Tuesday Is there a duty to obey the law?? Smith, "Is There a Prima Facie Obligation to Obey the Law?"
Thursday Sure there is… Rawls, "Legal Obligation and the Duty of Fair Play"
18-Nov Tuesday  But... Shelby, "Justice, Deviance, and the Dark Ghetto"
Thursday King, "Letter from a Birmingham Jail"; Rawls, "The Justification of Civil Disobedience"
25-Nov Tuesday Violence Democracy Now clip on Dan Berrigan; Morreal, "The Justifiability of Violent Civil Disobedience"
Thursday THANKSGIVING
2-Dec Tuesday Originalism Scalia, "Common Law Courts in a Civil Law System"
Thursday And its Discontents Dworkin, "Comments on Scalia"; Scalia, "Response" (pp. 144-149)
12-Dec Thursday FINAL EXAM 1:30-4:15 PM