UWG Philosophy Program
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PHIL 4110 sec. 01 PHILOSOPHY OF LAW (3 hours) Spring Semester 2007 MWF 2:30-3:25pm Prerequisites: PHIL 2100 or permission of instructor Classroom: Pafford 206 Web site: http://www.westga.edu/~rlane/law Email: rlane “at” westga.edu* |
Instructor: Dr. Robert Lane, TLC 2247 Office Hours: M: 8:15-45am; 10:10-11:10am; 12:15-2:15pm W: 8:15-45am; 10:10-11:10am; 1-2:15pm F: 10:10-11:10am; 12:15-2:15pm and by appointment My office telephone:
(678) 839-4745 |
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*All email communication must be conducted from your official UWG email account, accessible via MyUWG. |
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COURSE DESCRIPTION: This course introduces students to philosophical topics related to the law and legal systems. Questions that we will address include: What is a law? What would the world be like without laws? Why are we obligated to obey the law? Is law essentially tied to morality, or are morality and law independent? What is freedom? What are rights? How can we justify punishing people who violate the law?
LEARNING OUTCOMES: By the end of the semester, each student will be able to identify, describe, ask questions concerning, and critically discuss (in both oral and written communications) selected issues within the philosophy of law, including:
· Hobbes’ view of the absence of law in a “state of nature”
· Plato’s and Rawls’ views of the moral obligation to obey the law
· Kant’s view of international law
· theories of the nature of law and the debate among natural law theorists and legal positivists
· the nature of legal reasoning and the debate among legal formalists, realists and constructivists
· negative and positive liberty
· Mill’s and Scanlon’s defenses of free speech
· Locke’s defense of freedom of religion
· MacCallum’s, Feinberg’s and Rorty’s views of the nature of rights
· the rights to privacy, abortion and death
These course-specific learning outcomes contribute to the departmental learning outcomes of the Philosophy Program by enabling students better to:
· Discuss the general historical development of the discipline of philosophy and selected major historical figures in philosophy.
· Clearly frame a philosophical question/issue for investigation.
· Conduct research into primary and secondary sources relevant to the issue.
· Outline and analyze philosophical argumentation relevant to the issue.
· Present a philosophical argument in written form.
READING:
· Simon, Thomas W. Law and Philosophy: An Introduction with Readings. McGraw-Hill, 2001. [required]
· Online lecture notes (after each class meeting, I will post my own lecture notes for that day on the class web site; you are expected to read and study these notes on a regular basis).
EVALUATION:
· Two in-class examinations (20% each; 40% total). Mixed format.
· In-class comprehensive final examination (25%). Mixed format.
· Term paper (25%). 3000-3500 words. Details about this assignment will be given later in the semester.
· Class participation (10%). Participation in class discussion, including answers to my questions about the assigned readings.
· GRADING SCALE:
100 - 91% A 90 - 81% B 80 - 71% C 70 - 61% D 60 - 0% F
· I will take attendance at the beginning of each class.
· There are 43 scheduled class meetings for this course, including the first day of class and the final exam. You may miss six of these class meetings with no effect on your grade. Beginning with your seventh absence, you will lose three points from your final average for every class meeting you miss. I will make exceptions for absences necessitated by UWG-sponsored events or by other circumstances that were absolutely outside your control. I will make these exceptions only if ALL of your absences can be accounted for in one of these ways (e.g., if you miss four classes and you have a documented, acceptable reason for missing only three of those four, your fifth absence will still count against you, even if it would otherwise be excused). Documentation will be required in all cases in which I make an exception to this absence policy. (Yes, I take coming to class very seriously.)
· An early departure or late arrival may be counted as an absence, depending on the circumstances. I will decide in each case whether an early departure or a late arrival counts as an absence.
· Leaving the classroom while class is in session is both disrespectful and distracting. Do not leave the room during class unless it is absolutely essential that you do so.
· Do not study material from other classes while this class is in session. While you are in this class, I expect your attention to be focused on it rather than on your other courses.
· You may not bring food into the classroom; however, you may bring something to drink.
· Turn off all cell phones and other noise-making electronic devices before class begins.
MISSED TESTS / LATE PAPERS / EXTRA CREDIT:
· If you know that you will need to miss class on a day on which a test is scheduled (for example, due to a UWG sponsored event), you must let me know about your absence as far in advance as possible so that we can schedule another day and time for you to take the test (or a make-up test).
· If you miss a test without receiving my explicit permission beforehand and making arrangements for a make-up test, you will be permitted to take a make-up test if and only if one of the following conditions applies: (a) Your absence was due to illness or injury serious enough to require professional medical care and which prevented you from contacting me before the test; or (b) Your absence was due to other extenuating circumstances beyond your control. I will determine on a case-by-case basis what constitutes "extenuating circumstances beyond your control." You may be required to provide documentation pertaining to your absence before you are allowed to take a make-up test. Make-up tests will usually be longer and potentially more difficult than the original test that you missed.
· You may turn in your term paper late ONLY IF you have made arrangements with me beforehand and I have given you explicit permission.
· Extra-credit work will not be given under any circumstances.
· Work completed for other courses will not be accepted in this course.
RELEVANT INFORMATION FROM THE UNDERGRADUATE CATALOG:
· "each student is responsible for everything which happens in class and is responsible for making specific arrangements with the instructor for the work missed, including that missed during illness or university-sponsored activities"
· "any student who is unable to continue attendance in class should either drop the course, withdraw from the University, or make appropriate arrangements with the instructors"
· "any student who must be absent for more than three successive days is required to notify the Student Development Center, Parker Hall, telephone 770-836-6428."
· "Students who do not intend to remain in a course must drop the course before the end of the official drop/add period. Failure to drop a course during the drop/add period may result in grades of F in courses not attended."
· Academic Honor. "At West Georgia, the student is expected to achieve and maintain the highest standards of academic honesty and excellence. Not only does academic honesty preserve the integrity of both the student and the institution, but it is also essential in gaining a true education. The West Georgia student, therefore, pledges not to lie, cheat or steal in the pursuit of his or her studies and is encouraged to report those who do." Students who commit plagiarism (using someone else’s words or ideas without attribution of credit) will receive an “F” for the entire course and may be reported to the office of the Vice President for Academic Affairs for additional action.
COURSE SCHEDULE: PHILOSOPHY OF LAW (PHIL 4110).
THE FOLLOWING SCHEDULE IS TENTATIVE AND MAY CHANGE AS THE SEMESTER PROGRESSES. If the class finds a specific text or topic especially interesting or difficult, then we may spend more than the allotted time on that topic. If you miss class, it is your responsibility to keep up with test dates, due dates, and reading assignments. All readings are from your textbook (Simon, Law and Philosophy). You are required to read the indicated material before coming to class on the corresponding day.
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Jan. |
topic |
reading due |
assignments due |
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8 M |
Introduction to the course |
-- |
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10 W |
Absence of law: Hobbes |
pp.4-9 |
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12 F |
Absence of law: Turnbull |
pp.9-12 |
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15 M |
NO CLASS: MLK JR.'S BIRTHDAY |
-- |
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17 W |
Obedience to the law: Socrates |
pp.13-18 |
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19 F |
Obedience to the law: Socrates |
-- |
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22 M |
Rawls’ Theory of Justice |
-- |
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24 W |
Civil disobedience: Rawls |
pp.19-22 |
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26 F |
Types of Legal Systems |
pp.23-34 |
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29 M |
International Law: Kant |
pp.34-40 |
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31 W |
International Law: Kant |
pp.42-49 |
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Feb. |
Topic |
reading due |
assignments due |
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2 F |
Theories of Law: the Speluncean Explorers |
pp.49-52 |
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5 M |
Theories of Law: the Speluncean Explorers |
pp.52-56 |
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7 W |
Review / catch-up |
-- |
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9 F |
Test #1 |
-- |
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12 M |
Discussion of term paper assignment |
-- |
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14 W |
Natural Law Theory: Aquinas |
pp.58-60 |
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16 F |
Natural Law Theory: Fuller |
pp.61-62, 65-68 |
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19 M |
Legal Positivism: Austin and Hart |
pp.68-77 |
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21 W |
Natural Law Theory & Positivism: War Crimes |
pp.80-82, 90-94 |
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23 F |
Legal Formalism: Langdell |
pp.102-107 |
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26 M |
Legal Realism: Holmes |
pp.107-110 |
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28 W |
Legal Realism: Cardozo and Cohen |
pp.110-17 |
term paper proposal |
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Mar. |
topic |
reading due |
assignments due |
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2 F |
Social Darwinism and Eugenics |
pp.131-36 |
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5 M |
Moral Constructivism: Dworkin |
pp. 137-148 |
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7 W |
Catch-up and review |
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9 F |
NO CLASS: DR. LANE IS ATTENDING A CONFERENCE |
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12 M |
Test #2 |
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14 W |
Liberty: Hospers and Bergmann |
pp.215-26 |
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16 F |
Liberty: Berlin |
pp.227-29 |
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19 M |
SPRING BREAK |
-- |
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21 W |
SPRING BREAK |
-- |
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23 F |
SPRING BREAK |
-- |
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26 M |
Freedom of Speech: Mill |
229-232 |
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28 W |
NO CLASS: HONORS CONVOCATION |
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30 F |
Freedom of Speech: Scanlon |
233-237 |
term paper (draft) |
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Apr. |
topic |
Reading due |
assignments due |
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2 M |
Freedom of Religion: Establishment |
pp.268-273, 281-282 |
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4 W |
Freedom of Religion: Free Exercise |
pp.282-87 |
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6 F |
Moral vs. Legal Rights: Roe v. Wade |
-- |
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9 M |
Rights: McCallum and the ADA |
pp.289-92 |
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11 W |
Rights: Feinberg |
pp.292-96 |
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13 F |
Rights: Rorty |
pp.301-310 |
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16 M |
Privacy Rights |
pp.315-24 |
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18 W |
Privacy Rights: Abortion |
pp.326-37 |
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20 F |
Privacy Rights: the Right to Die |
pp.339-349 |
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23 M |
review/catch-up |
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term paper (final) |
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May |
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W 2 |
Comprehensive Final Exam: Wednesday May 2nd (2-4pm) |
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IMPORTANT
DATES: January 8-10 Drop/Add and late
registration March 1 Last
Day to withdraw with grade of "W" April 26 Last
Day of Regular Class
This page last updated 3/15/2007.
Copyright © 2006 Robert Lane. All rights reserved.