Tom's Office Hours: MW 2:30pm-3:30pm and by appt., Rome 552
Evan's Office Hours: M 12:30pm-2:30pm and F 1:30pm-3:30pm, Philips 508
Philosophy of Law Reading Schedule
Week Beginning: | Day | Topic | Reading Assignment |
25-Aug | Monday | Introduction | |
Wednesday | Positivism: Command View | Austin, "The Province of Jurisprudence" | |
2-Sep | Monday | Labor Day | No Class |
Wednesday | Positivism: Primary & Secondary Rules | Hart, The Concept of Law (selections)
First Paper Topic Posted |
|
9-Sep | Monday | Positivism: Primary & Secondary Rules | Hart, The Concept of Law (selections) |
Wednesday | Natural Law: Classical Formulation | Aquinas, Summa Theologica (Read the sections titled Question 90 and Question 94) | |
16-Sep | Monday | Natural Law: Classical Formulation | Aquinas, Summa Theologica (Read the sections titled Question 90 and Question 94) |
Wednesday | Natural Law: Contemporary Formulations | Finnis, Natural Law and Natural Rights (selections)
First Draft of First Paper Submitted in Class |
|
23-Sep | Monday | Natural Law: Contemporary Formulations | Murphy, "Natural Law Jurisprudence" |
Wednesday | Natural Law: Rule of Law View | First Drafts Returned | |
29-Sep | Monday | Economic View | Fuller, "Eight Ways to Fail to Make Law" |
Wednesday | Integrity View | Posner, "Values and Consequences"
Second Draft of First Paper Submitted in Class |
|
7-Oct | Monday | Integrity View | Dworkin, Law’s Empire (selections)
Second Paper Topic Posted |
Wednesday | Legal Realism | Holmes, "The Path of the Law" (esp. 457-468); Frank, Law and the Modern Mind, Chapter 5
Second Drafts Returned |
|
14-Oct | Monday | Critical Legal Studies | Kennedy, The Distinction Between Adjudication and Legislation |
Wednesday | Catch Up | Catch Up
Final Draft of First Paper Submitted on BB by 11:59PM |
|
21-Oct | Monday | Fall Break | Fall Break |
Wednesday | Critical Race Theory | Crenshaw, "Demarginalizing the Intersection of Race and Sex"
First Draft of Second Paper Submitted in Class |
|
28-Oct | Monday | Critical Race Theory | Bell, "Racial Realism" |
Wednesday | The New Jim Crow | Alexander, "The Color of Justice," The New Jim Crow, Chapter 3 | |
4-Nov | Monday | Feminist Critics | Smith, "Four Themes in Feminist Legal Theory: Difference, Dominance, Domesticity, and Denial"
First Drafts Returned |
Wednesday | Feminist Critics | MacKinnon, "Sexual Harassment: Its First Decade in Court" | |
11-Nov | Monday | Is there a duty to obey the law?? | Smith, "Is There a Prima Facie Obligation to Obey the Law?"
Second Draft of Second Paper Submitted in Class |
Wednesday | Sure there is… | Rawls, "Legal Obligation and the Duty of Fair Play"
Third Paper Topic Posted |
|
18-Nov | Monday | But... | Shelby, "Justice, Deviance, and the Dark Ghetto"
Second Drafts Returned |
Wednesday | King, "Letter from a Birmingham Jail"; Rawls, "The Justification of Civil Disobedience" | ||
25-Nov | Monday | Violence | Democracy Now clip on Dan Berrigan; Morreal, "The Justifiability of Violent Civil Disobedience" |
Wednesday | Thanksgiving | Thanksgiving
DUE FRIDAY: Final Draft of Second Paper Submitted on BB by 11:59PM |
|
2-Dec | Monday | Originalism | Scalia, "Common Law Courts in a Civil Law System" |
Wednesday | And its Discontents | Dworkin, "Comments on Scalia"; Scalia, "Response" (pp. 144-149) | |
9-Dec | Monday | Dworkin, The Moral Reading of the Constitution
(OPTIONAL) First Draft of Third Paper Submitted on Google Drive |
|
16-Dec | Monday | FINAL PAPER DUE | Final Draft of Third Paper Submitted on BB by December 16, 12:20pm |