Spring 2002, Tu/Th 2:30-3:45, CL1 308
Professor: Dr. Jennifer Mundale
Office: Dept. of Philosophy, CNH 411L: Office hours:
Tu/Th
1-2:15, F 12:30-3, and by appt.
Phone: 823-5076; Dept. 823-2273: E-mail: jmundale@pegasus.cc.ucf.edu
Webpage: http://pegasus.cc.ucf.edu/~jmundale [Please consult
frequently]
Text: Joel Feinberg and Jules
Coleman. Philosophy of Law, 6th ed., New York: Wadsworth, 2000.
(Other supplemental materials and online resources will also be used.)
Course Description:
This is an advanced course intended for juniors and seniors; therefore,
the level of difficulty will be commensurately demanding and challenging.
Prior to taking this course, you should have taken at least one course
in philosophy, or a course in some aspect of legal studies. If you
have no background in either, you should meet with me during the first
week of classes to do discuss the appropriateness of your remaining in
the course. In this course, we will concentrate on some of the fundamental
principles and controversies within legal theory, with comparatively
modest attention given to detailed casework. In other words, we will emphasize
foundational and philosophical issues within the law, and though some cases
of particular importance will be assigned and studied, an extensive knowledge
of case law is not required. We will address such topics as the grounding
of the law's legitimacy, legal naturalism vs. legal positivism, the relation
between law and morality, theories pertaining to the justification for
punishment, issues in social and political justice, the 2000 presidential
election in Florida, and others.
Requirements:
Exam #1 - 30%
Exam #2 - 30%
Preparation and participation - 10%
Final exam or term paper option-
30%
Note: Students who wish to take the term paper option must have prior approval from the instructor in order to do so. Papers turned in without prior approval will not be given credit. I will say more about this in class.
I will use the plus/minus grading convention (A, A-, B+, B, B- , C+, C, C-, D+, D, D-, F).
Students are required to read and prepare
the assigned materials, attend class regularly, and participate meaningfully
in class discussions (see below). Disruptive or discourteous behavior will
not be tolerated and may result in a lower grade, failure, or outright
dismissal from the course. Excessive absence and/or lateness will also
lower the final grade. Students who miss an exam will not automatically
be granted a makeup; these will be granted at the discretion of the instructor,
and only under exceptional circumstances. If a student wishes to request
a makeup, the student must provide documentation of a legitimate excuse
for the absence, and must contact the professor to discuss the possibility
of a makeup within 3 days of the missed quiz or exam. Unexcused absence
from an exam will result in a score of zero for that exam.
If you know ahead of time that you will have to miss an exam, see me as
soon as possible before the exam, and if feasible, I will arrange
for you to take it early.
Required Class Participation:
10% of your grade is based on participation
and preparation. Each student will be required to answer questions based
on the day's assigned reading at least twice in the semester. Students
will be called on randomly (I will write your name on a card and draw the
cards during class) and asked a question or questions pertaining to the
reading. The instructor will record the quality of the response. If called
upon, you may elect to "pass" at no penalty, but you may only do this twice
during the semester. If you are called upon while absent, it counts as
a "pass". In a much harsher version, this is routine practice in law school,
so it is well for you to get acquainted with this system. Those who are
not planning to go to law school will also benefit from the incentive for
completing and studying the reading, and may find that it improves their
preparedness for exams and overall grasp of the material.
Schedule: (May vary slightly depending on class progress)
Natural Law Theory vs. Legal Positivism
Tu 1-15: Austin: “A Positivist Conception of Law”, pp. 33-44.
Th 1-17: Hart: “Positivism and the Separation of Law and Morals”, pp.
59-75.
Tu 1-22: finish Hart: “Positivism and the Separation of Law and Morals”,
pp. 59-75.
Th 1-24: Fuller: “Positivism and Fidelity to Law - A Reply to Professor
Hart”, pp. 76-90.
What is the Relation between Law and Morality?
Tu 2-5: Finish excerpt from Crito, pp. 210-218.
Th 2-7: King, “Letter from Birmingham Jail”, pp. 219-226.
Tu 2-12: Class discussion: naturalism vs. positivism, and relation between
law and morality, review
Th 2-14: Exam #1
What Constitutes Legal Responsibility?
Tu 2-26: Guest lecture, Professor Don Jones, Dept. of Philosophy,
on Feinberg: “What is so Special about Mental Illness?”, pp. 674-682.
Th 2-28: Thomson, “The Decline of Cause”, pp.584-591. Note:
Last day to withdraw is March 1st.
Tu 3-5: Parker, “Blame, Punishment, and the Role of Result”, pp. 592-598.
Th 3-7: Palsgraf v. The Long Island Railroad Co., pp. 598-604.
**Spring Break**
Tu 3-26: Class choice: either 2 retributivism articles (pro and
con), pp. 746-779, or 2 death penalty articles, (pro and con), pp. 836-850.
Th 3-28: No class (I will be out of town to deliver paper).
Tu 4-2: Finish class choice (see schedule for 3-26), review for exam.
Th 4-4: Exam #2 (cumulative back to last exam)
For helpful background information and extra commentary on the election, click here.
Tu 4-9: The
Supreme Court case that
decided the election, online
Th 4-11: A Critical
view of the Court's opinion, online (Vincent Bugliosi, "None
Dare Call it Treason")
Tu 4-16: A Supportive
view of the Court's opinion, online (Richard Epstein, "In Such Manner...")
Th 4-18: Last day of class, review for final exam
Tu 4-23: Final Exam, in regular classroom, 1-3:50 p.m.
Click here to
see Spring 2002 final exam schedule.