PHI 3400:
PHILOSOPHY OF LAW
Spring
2004
Instructor: Dr. Jennifer Mundale
Office: Dept. of Philosophy, CNH 411L
Office hours: Tu/Th 10:30-11:30, 1:30-2:30, W 1-2:30,
and by
appt.
Phone: 823-5076; Dept. 823-2273: E-mail:
jmundale@pegasus.cc.ucf.edu
Webpage: http://pegasus.cc.ucf.edu/~jmundale
Required Text: Feinberg
and
Coleman, Philosophy of Law, 7th ed., New York: Wadsworth, 2000.
(Other supplemental materials and online resources will also be used.)
Prerequisites: PHI 2010, PHI 2630, PHI 3670, or POS 2041. These pre-requisites will be strictly observed. If you do not meet them, drop this course immediately.
Course Description:
This is an advanced course intended for juniors and seniors; therefore,
the
level of difficulty will be commensurately demanding and challenging. 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. We will address such topics as the grounding
of the law's legitimacy, legal naturalism vs. legal positivism, the
relation
between law and morality, legal responsibility, the 2000 presidential
election in Florida, and others.
Course Requirements and
Expectations:
Attendance, Preparation, 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. In addition, there will be group discussions scheduled during the semester, and your presence and participation in those will also count toward your participation grade. Irrespective of this graded participation, all students are required to read and prepare the assigned materials, attend class regularly, and participate meaningfully in class discussions. If you miss class, you are responsible for any material or announcements presented during that class. Merely visiting the website will not be a sufficient means of making up the material from a missed class, but it will be helpful for you to do so. It will also be helpful for you to try to obtain copies of the notes for the missed class(es) from a reliable student.
Course Website. I maintain a website for this class, and it is linked from my homepage (http://pegasus.cc.ucf.edu~jmundale). Students should visit the class website regularly for announcements, class handouts and supplements, and other pertinent information. I will also post review notes there to assist you in preparing for your tests and final exam.
Policy Regarding Makeups. Absence from any of the three tests will result in a score of zero for the missed test. If you know ahead of time that you will have to miss a test, I may allow you to take it early, provided that 1) you speak with me about your anticipated absence, in person (not e-mail), at least one week prior to the test, 2) you have a legitimate reason for missing the test, and 3) a mutually convenient time can be arranged for you to take the test. If you miss one of the three tests, there will be no makeups, whether your reason for missing is legitimate or not; however, 1) you will be allowed to drop your lowest test score, and after your lowest score is dropped, 2) there will be one opportunity toward the end of the semester to take a longer, much more difficult, cumulative, general makeup test. The general makeup test cannot be dropped, no matter what score you earn on it. The general makeup can only replace one missed score. You must first have my permission to take this general makeup test, and you must first meet with me to discuss whether or not this is an appropriate option for you. Furthermore, the general makeup test will be scheduled outside of regular class hours so as not to take time away from the rest of the students. I will say more about this in class, but you are emphatically forewarned not to rely on this "emergency" makeup opportunity to improve your grade, since it will be cumulative and much more difficult than any of the regular tests. If you do wind up in this situation, it will only be because you have not yet demonstrated minimally adequate knowledge of the course material through your prior exam performance (for whatever reason), hence, the demanding nature of the test. The last chance to meet with me to discuss the general makeup option is April 14 by 2 p.m.; meeting with me does not automatically result in permission to take the general makeup. The general makeup test must be completed before the date of the final exam, or before April 24th.
Grades:
I will
use plus/minus grading (A, A-, B+, B, B- , C+, C, C-, D+, D, D-, F).
Three tests (30% each, drop lowest) - 60%
Preparation and participation - 10%
Final exam - 30%
1-29: Test 1
4-15: Test 3
4-20:
Course Schedule: Readings are to be completed before the class period for which they are scheduled. Schedule may vary slightly, depending on class interest and progress. Any changes will be announced in class and on the course website.
Natural Law Theory vs. Legal Positivism
1) Tu 1-6: Introduction to class,
student questionnaire.
2) Th 1-8: Introduction to Part I, pp. 1-7, and Bix: “Natural Law
Theory”, pp. 8-19.
3) Tu 1-13: Hart: “Positivism and the Separation of Law and Morals”, pp. 51-67.
4) Th 1-15: finish Hart: “Positivism and the Separation of Law and Morals”, pp. 51-67.
5) Tu 1-20: Fuller: “Positivism and Fidelity to Law - A Reply to Professor Hart”, pp. 67-82.
6) Th 1-22: finish Fuller: “Positivism and Fidelity to Law - A Reply to Professor Hart”, pp. 67-82.
7) Tu 1-27: Group discussions, review, positivism vs. natural law theory.
8) Th 1-29: Test 1
What is the Relation between Law and Morality?
9) Tu 2-3: Introductory discussion of Plato, begin excerpt from Crito, pp. 204-212.
10) Th 2-5: finish Crito, pp. 204-212.
11) Tu 2-10: King, “Letter
from Birmingham Jail”, pp. 213-221.
12) Th 2-12: finish King,
“Letter from Birmingham Jail”, pp. 213-221.
13) Tu 2-17: Smith, “Is there
a Prima Facie Obligation to Obey the Law”?, pp. 221-235.
14) Th 2-19: finish Smith, “Is
there a Prima Facie Obligation to Obey the Law”?, pp. 221-235.
15) Tu 2-24: Ely,
“Discovering Fundamental
Values”, pp. 157-171. Note:
withdrawal deadline is 2-27.
16) Th 2-26: finish Ely, “Discovering Fundamental Values”, pp. 157-171.
17) Tu 3-2: (schedule
delayed, Ely)
18) Th 3-4: (schedule delayed,
finishing Ely)
Tu 3-9: Spring Break
Th 3-11: Spring Break
What Constitutes Legal Responsibility?
19) Tu 3-16: Review for Test 2
20)
Th 3-18: Test 2
21) Tu 3-23: Introduction
to Part
III, “Resp.and Punishment”, pp. 602-611, The
M’Naghten Rules”, pp. 746-747, and “The Insanity
Defense”, pp. 747-749.
22) Th 3-25: Feinberg, “What is so Special about Mental Illness?”, pp. 751-760.
23) Tu 3-30: Thomson, “The
Decline of Cause”, pp. 642-650.
24) Th 4-1: finish Thomson,
“The Decline of Cause”, pp. 642-650.
25) Tu 4-6: [as background:
review The Supreme
Court case about the
election] Assigned: A Critical
view of the Court's opinion, online (Bugliosi)
26) Th 4-8: A Supportive view of the Court's opinion, online (Epstein)
27) Tu 4-13: General Review, group
discussions.
28) Th 4-15: Test 3