PHIL 420

Philosophy of Law

Fall Quarter 2006

Dr. Jeff Johnson

Jean Hampton	Jeffrie Murphy	Jules Coleman	Matt Ridley	Jeff Johnson

This quarter we will examine the notion of law in its largest sense.  We will begin be exploring the notion of political legitimacy.  Law is enforced through the coercive power of the state.  But are law and government simply institutions of force?  Most political philosophers have sought to provide a moral justification for law and government.  We will contrast two approaches to this question -- the consent based theories of the "social contract," and the natural law perspective.  We will then turn our attention to the classical jurisprudential questions of the nature of law itself.  Here again, natural law will be used as a contrast to the prevailing views of legal positivism and legal realism.  Much of my own work in this area has involved a secular version of natural law that looks to evolutionary biology and psychology as an empirical basis for cross-cultural moral absolutes.  We will briefly review these fascinating discoveries in the natural sciences.  We conclude by examining a more narrow slice of these grand moral, legal and political questions -- the nature of tort law.

There will be a number of "texts" for this course.  We will be reading the better part of three excellent short books:

Political Philosophy by Jean Hampton

Philosophy of Law by Jeffrie Murphy and Jules Coleman

The Origins of Virtue by Matt Ridley

We will also read three of my own professional articles.  

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 controversies concerning the moral justification for law and government

• Understand the philosophical and jurisprudential controversies concerning the nature of law

• Understand the philosophical and scientific controversies concerning cooperation and moral objectivity

• Read philosophical texts critically and with understanding.

• Write effectively about philosophical, political, legal, and scientific  controversies

Means of Assessment and Grading:

• Seven short (750 to 1200 words) discussion papers -- combined 40% of course grade (outcomes 1 - 5)

• A 2500 to 4000 word analytical paper -- 40% of course grade. (outcomes 1 - 5)

• Attendance and participation in class discussions -- 10% of course grade (outcomes 1 - 4)

• Final exam on The Origins of Virtue and my work on torts-- 10% of course grade (outcomes 3 & 5)

• 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 CALENDAR