
PHIL 420
Philosophy of Law
Fall Quarter 2007
Dr. Jeff Johnson
Take Home Final Exam
Please open just once
& take no more than 2 hours
Jurisprudence, or the Philosophy of Law, is an important area of scholarly study in both the humanities and legal education. This quarter our course will focus on two classic questions -- the nature of law, and the concept of legal responsibility.
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 conceptual issues in natural law theory
Understand the conceptual issues in legal positivism
Understand the conceptual issues in legal realism
Understand the conceptual issues in "law as integrity"
Understand the conceptual issues in legal responsibility
Understand the conceptual issues in criminal punishment
Conduct independent research in philosophy of law
Read philosophical and legal texts critically and with understanding
Write effectively about philosophical and legal controversies
Means of Assessment and Grading:
Seven short (750 to 1200 words) discussion papers -- combined 40% of course grade (outcomes 1 - 6; 9&10)
A 2500 to 4000 word analytical paper -- 40% of course grade. (outcomes 7- 10)
Attendance and participation in class discussions -- 10% of course grade (outcomes 1 - 6)
Final exam on legal punishment -- 10% of course grade (outcome 7)
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:
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.
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.
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
|
WEEK |
TOPIC |
MONDAY |
WEDNESDAY |
|
1 |
Natural law |
Class introduction Aquinas Speluncean explorers 1.1; 1.5 |
Contemporary natural law 1.3; 1.4; 1.5 |
|
2 |
Legal positivism |
Discussion Paper due Austin 2.6 |
Hart 2.7 |
|
3 |
Legal realism & Law and integrity |
Discussion Paper due Classical realism 3.10; 3.11; 3.12 |
Dworkin 4.13
|
|
4 |
Law and integrity & Scalia and Dworkin on interpretation |
Dworkin 4.13
|
Scalia/Dworkin debate 4.14; 4.15
|
|
5 |
Contemporary Legal Positivism |
Discussion Paper due Coleman Lectures
|
Coleman Lectures |
|
6 |
Responsibility |
Discussion Paper due Causation 14.50 |
Action and luck 14.51; 14.52 |
|
7 |
Punishment |
Discussion Paper due |
Punishment 15.60 & 15.61 |
|
8 |
Punishment |
Peer Reviews Paper due |
Punishment 15.62 & 15.63 |
|
9 |
Student presentations | Presentations |
Thanksgiving |
|
10 |
Student presentations | Presentations |
Presentations |
|
FINALS WEEK |
Final Exam: Monday 12/3 8:00 - 10:00 |
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