Tentative Course Syllabus

 

PHM 3401 -  PHILOSOPHY OF LAW(12-09)

 

 

Instructor:     Dr. Harry S. Coverston, Esq. 

Phone:  (407)823-2904

Office:            227 Psychology Building

Message:       (407) 823-2273

Location:       CL 105

Course Meeting: MWF 11:30 – 12:20 p.m.

Hours:            MWF 2:30-4:30 p.m.

                       

Email: Webcourses Coursemail

(checked 10:30 p.m. nightly on class nights Su-R)

           

Course Description: This is an advanced study of the nature of and justifications for law and punishment. It will include a thorough examination of legal personhood, rights and responsibilities. The class will be about equally divided between theoretical aspects of law and applications of theory to legal questions and case law.  Prerequisite courses: PHI 2010, PHI 2630 and either PHI 3670 or POS 2041.

 

This is a Gordon Rule class.

 

Course Objectives

 

1. To identify the personal and socio-cultural aspects of individual hermeneutical lenses which shape the way individuals create, enforce, interpret and experience law and government

 

2. To identify and critically examine theories of human nature and how they shape attitudes toward the creation, enforcement and interpretation of the law

 

3. To understand and demonstrate the ability to apply classical theories of law (natural   law, legal positivism) as well as modern theories of law (economic theory, realism) and their relationship to questions of morality and justice 

 

4.  To understand and demonstrate the ability to apply Critical Legal Theory and to assess the disparity between democratic and legal theory and actual practice from the perspective of women, African-Americans and gays and lesbians.

 

5. To identify and apply the concept of the Rule of Law as well as the critical theory questioning of the same. 

 

6. To apply the foregoing to a critical examination of the principles of democracy and the American democratic republican expression of those principles

 

7 . To apply the foregoing in a critical examination of the American legal system in specific applications to constitutional law, criminal law and punishment and tort law.           

 

 

Practical Skills Developed

 

Students will develop and practice the following skills in this course:

 

1. THINKING: 

  • Development of critical analysis, questioning of presumptions, awareness of one's own hermeneutical lens; 
  • Development of expansive thought, developing data into knowledge through understanding the context, subtext and significance of ideas; 
  • Development of creative, synthetic thought which applies knowledge through expressions unique to the individual

 

2. EXPRESSION: 

  • Development of student's ability to write at college level 
  • Development of ability to construct logical arguments to support positions 
  • Development of ability to express ideas through multi-media technologies and non-verbal expressions
  • Development of student's ability to express ideas verbally in group and class discussions

 

3. INTERACTIVE:

  • Development of ability to work with other individuals and as a member of a group 

 

 

Required Texts: 

             

·         David M. Adams, Philosophical Problems in the Law,4th ed. (Belmont, CA: 

                        Wadsworth, 2005) ISBN: 0534584284

 

·         E.J. Graff, What is Marriage For? 4th ed., (Boston: Beacon Press, 2000) ISBN:9780807041352 

 

·         Other materials as provided in schedule

 

Ground Rules: Please follow the link to the Ground Rules. Read, mark and inwardly digest them. Your continued presence in this class after the add/drop deadline constitutes consent to be bound by the Course Ground Rules. 

 

Covenant to Participate in a Learning Community spells out the remainder of instructor and student obligations to the course and will provide the basis for student self-evaluation at the end of the term.

 

Withdrawal Deadline: It is this instructor's desire and intent that every student complete this course in good standing. However, should it become necessary for the student to withdraw, it is the student's responsibility to withdraw from the course prior to the Friday, March 5, 5 p.m.

 

 

COURSE REQUIREMENTS

 

There are three components of the final grade in this class. 

 

1. Engagement 

 

This class requires active engagement of all students. This includes preparation outside class and participation during class sessions.

 

If you do not wish to engage the course materials and the members of this learning community, this is not the course for you.

 

Students will earn participation points in a number of ways including 

 

            PREPARATORY AND CLASS ACTIVITIES 

 

·         informal and formal group presentations and evaluations

·         Classroom activities (3 minute paper, film reviews)

·         Self-Evaluation of Engagement at term's end

 

                        Total Activities = 260 points

 

 

            ATTENDANCE-  40 classes (excluding exams) @ 1 pt. = 40 total points

 

Activities + Attendance TOTAL = 300 points  (46% of grade)

 

2. Writing

 

This is a Gordon Rule course. Florida's Gordon Rule (as applied at UCF) requires a passing score (60% or >) on a minimum of four papers per class. Additionally, students must earn at least a C- in the class as a whole for Gordon Rule credit.

 

Students can meet the Gordon Rule requirement through the following assignments. Each is worth 50 points.:

 

 

                  exam date. 

 

·         Analysis – What is Marriage For?

 

·         Summary Reflection Paper

 

A format for each paper will be provided. 

 

The 50 points possible for each paper will include the following components:

 

            * Content - 30 points

            * Writing - 10 points

            * Class Discussion - 10 points       

 

Four Papers @ 50 = 200 points total (31% of total grade)

 

CAVEAT:  If you do not obtain a passing grade on all four Gordon Rule papers, you cannot make a grade higher than a D+ for the course and you will be required to take another Gordon Rule course if you still need Gordon Rule credit.

 

 

3. Examinations 

 

All students will take one mid-term examination covering the theoretical portion of the material: 

 

THE MIDTERM EXAM will include two parts: 

 

·         Individual Take Home Portion -  Students will complete a take home portion of the exam

o   TOTAL INDIVIDUAL PORTION = 100 points

 

·         Group Portion -  Groups will be required to 

o   collectively prepare a written brief addressing certain points of law and philosophy (25 points) 

o   verbally present and defend their brief in class (25 points) 

o   TOTAL GROUP PORTION = 50 points 

 

 

Mid-term Exam = 50 take home + 100 in-class = 150 total (23% of grade)

 

 

GRADING

 

The scale for all assignments used in this class includes the following:

 

93 - 100 = A

88-89 = B+

78-79 = C+

68-69 = D+

Below 60 = F

90-92 =     A-

83-87 = B

73-77 = C

63-67 = D

 

 

80-82 = B-

70-72 = C-

60-62 = D-

 

 

for an explanation of what these grades mean, see So, what does my grade mean?

 

FINAL GRADES (Out of 650 possible points total)

 

604.5-650 A

572 - 584.5 B+

507 - 519.5 C+

442 - 454.5 D+

Below 390 = F

585 - 604 A-

539.5 - 571.5 B

474.5-506.5 C

409.5 - 441.5 C

 

 

520 - 539 B-

455-474 C-

390-409 D-

 

 

All borderline cases will be decided upon participation and attendance grades at discretion of instructor. 

 

Final Comment: If something arises unexpectedly that will affect your attendance and/or performance in this class, please contact the instructor. He's a fairly understanding man but a lousy mind reader. Any departure from this syllabus is in the discretion of the instructor and depends upon the individual circumstances of the student in question. Any changes in syllabus requirements or scheduling affecting all students will occur with notice to students.