PHIL 420

Philosophy of Law

Fall Quarter 2004

Dr. Jeff Johnson

H. L. A. Hart	John Finnis	Ronald Dworkin

This quarter in Philosophy of Law we will read and discuss three of the most significant books in contemporary analytical jurisprudence.  The underlying theme for the course is the nature of law.  As we will see, these authors present very different views on this ancient and important question.

We will be reading the better part of three excellent books:

The Concept of Law by H. L. A. Hart

Natural Law and Natural Rigths by John Finnis

Law's Empire by Ronald Dworkin

We will also read two of my own professional papers.  

This course will be very reading intensive!  Not only will I be requiring you to read approximately 100 pages a week, in many cases the reading will be difficult and slow-going.  I ask for your patience here.  Our course will meet for four hours each week, but is a five credit course.  Using the "Carnegie Standard" of three hours out of class work for every credit hour means that you should be devoting twenty hours per week to this course, or sixteen hours each week out of class.  I am quite confident that it will work out to me more like ten to twelve hours out of class.  Still, be aware that you will be required to do this regular reading every single week.

UWR Outcomes for Upper Division Writing Intensive Courses:

• Students will produce at least 5,000 words (including drafts, in-class writing, informal papers, and polished papers); 2,000 words of this total should be in polished papers which students have revised after receiving feedback and criticism.
• Students will practice the forms of writing and reflect upon the nature of the writing used by graduates and professionals in the discipline the course represents.
• Students will write at least one paper integrating information from more than one source, employing the appropriate documentation style for the discipline represented by the course.
• Students will draft, revise, and edit their formal written work.
• Students will seek assistance from a Writing Tutor in the Writing Lab when needed and when referred by the instructor.

Additional Outcomes:

• Understand the philosophical and legal controversies concerning the nature of law.

• Read philosophical texts critically and with understanding.

• Write effectively about philosophical and legal controversies.

Means of Assessment and Grading:

• Nine weekly short (500 to 700 word) discussion papers -- combined 30% of course grade. (outcomes 1, 2, & 3)

• A 2500 to 4000 word analytical paper on the nature of law -- 30% of course grade. (outcomes 1, 2, and 3)

• A "blue book," essay final examination -- 30% of course grade. (outcomes 1, 2, and 3)

• Discussion and attendance -- 10% of course grade. (outcomes 1 and 2)

• Please note: a grade of at least C- is required in order for this course to count toward the University Writing Requirement 

ACADEMIC HONESTY

I am including below Eastern's Academic Honesty Code.  It is vitally important that you carefully read it, and that you understand that it is my intention to follow this code to the letter.  I really can't think of a better way to ruin your experience with this course, than to disregard this code.  Obviously, if you have any questions, I can't urge you too strongly to ask me.

ACADEMIC HONESTY CODE

All members of the Eastern Oregon University academic community are responsible for compliance with its Academic Honesty Code. Students are required to report violations to the respective faculty member of a course. Provisions of the Academic Honesty Code are:

1. Collaboration while taking any quizzes, in-class examinations, or take home examinations without the instructor's written approval is forbidden. The faculty member is responsible for defining limits for other collaborative learning activities for each course.

2. Plagiarism or representation of the work of others as one's own is forbidden. The faculty member will make clear the format for properly citing sources of information not original by the student.

3. Explicit approval by all instructors is required if the same work is to be submitted to more than one course, even if is not within the same term.

Violations of the Academic Honesty Code may result in both academic and behavioral penalties including possible suspension or expulsion from the University.

An automatic grade of zero for any work which is a violation of the Academic Honesty Code will be assigned by the instructor. The instructor may also assign a grade of F for the course after discussion with the respective School Dean. Students may appeal the course grade to the respective School Dean, who is the final level of appeal on the matter of course grade penalties for academic dishonesty.

The faculty member is also required to file a disciplinary complaint to the Vice President for Student Affairs about any student believed to have violated the Academic Honesty Code. If deemed appropriate, hearing procedures will be implemented by a University Hearing Officer as outlined in the Code of Student Conduct. Possible sanctions considered by the Student Conduct Committee include probation, suspension, and expulsion.

TENTATIVE READING ASSIGNMENTS