Phil 349 Philosophy of Law
Spring 2008
Brian M. O'Connell
Note: Quiz Two was passed out in class. A .pdf copy is contained below.
Law is the place where life and logic meet.
Frederick Maitland
Justice is the one thing you should always find.
Toby Keith & Willy Nelson
Send lawyers, guns and money.
Warren Zevon, RIP
Course Description
This course will present a comprehensive examination of the philosophical foundations and expressions
of law. Among the topics considered will be fundamental themes, expression of legal traditions, the
interaction of jurisprudence, justice and culture, law as a philosophical discipline and critical theories
of jurisprudence.
Students opting to take this course should be aware that significant reading & study will be required
and that regular attendance will be expected.
Texts
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T |
Course Text: J.M. Kelly, A Short History of Western Legal Theory (Oxford, 1996) |
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Link |
Online Readings (located within online syllabus) |
| R |
Readings Packet |
Grading
| 80% | Section Quizzes & Readings Quizzes (see below) |
| 20% | Participation (including attendance) |
Standards
Students will agree in writing to the following course standards:
| 1. | Class attendance: |
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Full attendance in seminars and lab sessions is presumed. Students choosing to be enrolled in this class must clearly understand that complete attendance is a strong presumption & must agree to honor this commitment.
Three or more unexcused absences will result in loss of participation score.
Excused absences must be arranged at least two days prior to absence date unless a medical emergency exists. A medical letter will be required in this case within one week of return to class.
Quiz questions will be based on class lectures/presentations as well as the texts. If class participation warrants, closed book quizzes pertaining to reading content may be given without warning. |
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| 2. | Course work: |
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All work must be submitted in neatly printed, stapled, analog format. Work not conforming to any aspect of this criteria will not be accepted. A copy of your work should be made.
No emailed work will be accepted.
Unexcused late work will receive a full letter grade reduction if handed in up to one week after deadline and a zero if submitted thereafter.
For excused late work, permission must be obtained prior to assignment due date or in medical emergencies, a medical letter will be required.
Regardless of lateness, all assignments must be completed in order to receive a course grade. |
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In general, course "slides" will not be available -- take notes.
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| 3. | Schedule: |
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The online schedule (below) will be controlling and will be revised. Students must consequently consult the online schedule frequently. |
Schedule
Subject to Change -- Check here often
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Week |
day |
Tuesday |
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Thursday |
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1/2 |
topic |
Course Preliminaries |
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Introduction What is Philosophy? Law as Philosophy Law as Practice Terminology & Precision Course Resources |
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assignment |
none |
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none |
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supplement |
n/a |
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LINK: N/A |
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Week |
day |
Tuesday |
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Thursday |
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2/3 |
topic |
Ancient Law: Greece The Ancient World - The Pre-Socratics The Sophists - The City |
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Ancient Law: Greece Socrates
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assignment |
T: Preface / Chapter One |
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supplement |
LINK
The Athenian Constitution LINK Hammurabi's Code of Laws LINK Near Eastern Treaties and Contracts |
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LINK
The Athenian Constitution LINK Hammurabi's Code of Laws LINK Near Eastern Treaties and Contracts |
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Week |
day |
Tuesday |
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Thursday |
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4/5 |
topic |
Ancient Law: Greece Plato |
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Ancient Law: Greece Plato |
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assignment |
LINK: Republic: Social Org. LINK: Republic: Rulers |
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LINK: Republic: Social Org. LINK: Republic: Rulers |
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supplement |
LINK Plato: Republic |
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LINK Plato: Republic |
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Week |
day |
Tuesday |
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Thursday |
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5/6 |
topic |
Ancient Law: Greece Aristotle |
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Ancient Law: Transitions Stoicism, Cicero & Rome |
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assignment |
LINK: Ethics: Justice |
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T: Chapter 2 |
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supplement |
LINK
Aristotle: Nicomachean Ethics Perseus Project |
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LINK
Cicero Homepage |
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Week |
day |
Tuesday |
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Thursday |
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7-8 |
topic |
Ancient Law: Transitions Stoicism, Cicero & Rome |
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Ancient Law: Transitions Stoicism, Cicero & Rome |
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assignment |
LINK: Cicero: On Laws |
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LINK: Cicero: On Laws |
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supplement |
LINK
Cicero Homepage |
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LINK
Cicero Homepage |
Quiz One - Due March 27
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Week |
day |
Tuesday |
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Thursday |
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9 |
topic |
Vacation |
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Vacation |
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assignment |
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supplement |
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Week |
day |
Tuesday |
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Thursday |
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10 |
topic |
Early Middle Ages Christianity, Augustine, Post-Roman Law |
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Early Middle Ages Christianity, Augustine, Post-Roman Law |
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assignment |
T: Chapter 3 |
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LINK: Augustine: Two Cities - Book 20, Chap. 19 LINK: Augustine: Two Cities - Full Link |
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supplement |
LINK Averroes Article on Islamic Philosophy Online LINK Islamic Philosophy Online LINK Catholic Encyclopedia: Canon Law LINK Internet Medieval Sourcebook: Law
LINK
NetSERF: Medieval Law LINK Plotinus : Internet Encylcopedia of Philosophy |
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LINK Averroes Article on Islamic Philosophy Online LINK Islamic Philosophy Online LINK Catholic Encyclopedia: Canon Law LINK Internet Medieval Sourcebook: Law
LINK
NetSERF: Medieval Law LINK Plotinus : Internet Encylcopedia of Philosophy |
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Weeks |
day |
Tuesday |
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Thursday |
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10/11 |
topic |
High Middle Ages Introduction |
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High Middle Ages Aquinas |
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assignment |
T: Chapter 4 |
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T: Chapter 4 LINK: Summa: On Law (90-97) |
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supplement |
LINK
Aquinas on Law - Medieval Sourcebook |
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LINK
Aquinas on Law - Medieval Sourcebook |
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Week |
day |
Tuesday |
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Thursday |
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11/12 |
topic |
Concluding High Middle Ages Henry II, King John, Common Law |
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Reformation |
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assignment |
LINK: Becket's Murder LINK: Magna Carta |
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T: Chapter 5 LINK: The Prince LINK: Supremacy Act (1534) |
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supplement |
LINK Hale: History of Common Law |
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LINK Machiavelli Online |
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Week |
day |
Tuesday |
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Thursday |
|
13 |
topic |
The Seventeenth Century Hobbes / Locke |
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The Seventeenth Century Hobbes / Locke |
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assignment |
T: Chapter 6 LINK: Leviathan Ch. XIII |
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T: Chapter 6 |
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supplement |
LINK Hobbes - Internet Encyclopedia of Philosophy |
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Quiz Two - Due May 6 in class
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Week |
day |
Tuesday |
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Thursday |
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14/15 |
topic |
The Eighteenth Century Rousseau, Hume |
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The Eighteenth Century Blackstone, Bentham & America |
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assignment |
T: Chapter 7 |
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LINK: Of the Absolute Rights of Individuals LINK: Federalist No. 10 |
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supplement |
LINK Rousseau Society LINK The Hume Society |
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Week |
day |
Tuesday |
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Thursday |
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15 |
topic |
The Nineteenth Century Austin, Maine, Mill, Spencer & Holmes |
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The Nineteenth Century Austin, Maine, Mill, Spencer & Holmes |
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assignment |
T: Chapter 8 |
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T: Chapter 8 |
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supplement |
LINK John Austin - Stanford Encylopedia LINK Herbert Spencer - Internet Encyclopedia |
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LINK John Austin - Stanford Encylopedia LINK Herbert Spencer - Internet Encyclopedia |
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Week |
day |
Tuesday |
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Thursday |
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15/16 |
topic |
The Twentieth Century Realism & New Trends |
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The Twentieth Century Interpretivism & Critical Legal Theory |
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assignment |
T: Chapter 9 |
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T: Chapter 9 |
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supplement |
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Final is Due in Class on Exam Day