Course Schedule - PHL 307 - Fall, 2005

This is the course schedule. We will remain as close to this schedule as possible, but I may need to make adjustments to it as the term progresses. Any changes to this schedule will be posted here and announced in class. Most readings are in the text. If they are, page numbers are provided. Other readings will be distrbuted in class or available online. If a reading assignment is available online, there will be a link to it here.

The Nature of Law

Week 1 - Natural Law Theory.

Aug. 30 - Preliminaries.
Sept. 1 - "Traditional Natural Law Theory" by Brian Bix (112) and "Summa Theologica" by Thomas Aquinas (116)

Week 2 - Natural Law Theory and Legal Positivism

Sept. 6 - "The Providence of Jurisprudence Determined" by John Austin (117)
Sept. 8 - "The Path of Law" by Oliver Wendell Holmes (135)

Sept. 13 - "Realism and the Law" by Jerome Franks(133)
Sept. 15 - "Law as the Union of Primary and Secondary Rules" by H.L.A. Hart (156)

Week 4 - The Modern Debate Positivism versus Natural Law

Sept. 20 - "The Model of Rules" by Ronald Dworkin (160)
Sept. 22 -"'Natural' Law Revisited" by Ronald Dworkin (170)

Week 5 - Applicaiton to Cases

Sept. 27 - Supreme Court Case: Plessey v. Ferguson.
Opinion of the Court (full version from Legal Information Institute)
Alternative Source
Sept. 29 - Supreme Court Case: Brown v. Board of Education.
Opinion of the Court (full version from Legal Information Institute)
Alternative Source

Week 6 - Review Week

Oct. 4 - Review/Catch-up day.
Nature of Law - Review information.
Oct. 6 - Paper 1 is due (on the nature of law).

Rights

Week 7 - The Basis of Rights

Oct. 11 - "The Federalist Papers" by James Madison and Alexander Hamilton (524) and "On Liberty" by John Stuart Mill (579)
Oct. 13 -"Metaphyics of Morals" by Immanuel Kant (to be provided)

Week 8 - Free Speech

Oct. 18 - "Of the Liberty of Thought and Disscussion" by John Stuart Mill (608)
Oct. 20 - Supreme Court Case: Texas v. Johnson (612)

Week 9 - Free Speech and Enforcing Morality

Oct. 25 - Supreme Court Case: Texas v. Johnson (610)
Oct. 27 - Morals and the Criminal Law by Patrick Devlin (to be provided)

Week 10 ) - Enforcing Morality

Nov. 1 - Supreme Court Case: Bowers v. Hardwick

Opinion - White
Concurrence - Burger
Concurrence - Powell
Dissent - Blackmun
Dissent - Stevens

Alternative Source for Bowers v. Hardwick (full version from Legal Information Institute)
Nov. 3 - "Judicial Activism and Gay Marriage: A Debate" by Lawrence Tribe and Richard Parker (605)

Week 11 - Review Week

Nov. 8 - Review/Catch-up day.
Rights theories - Review information.
Nov. 10 - Paper 2 is due (on rights).

Nov. 15 - "Who Should be Punished? The Case of the Dog Provette" (245) and "Crime and Punish" by Michel Foucault (to be distributed)
Nov. 17 - The Utilitarian Theory of Criminal Punishment by Richard Brant (250) and "The Principles of Morals and Legislation" by Jeremy Bentham - Chapter III and Chapter IV

Nov. 22 - Selection from Metaphysics of Morals by Immanuel Kant
Nov. 24 - No Class: Thanksgiving break.

Nov. 29 - Supreme Court Case: Gregg v. Georgia (324)
Supreme Court Case: McClesky v. Kemp (339)

Dec. 1 - Supreme Court Case: Kansas v. Hendricks Opinion - Thomas and Dissenting Opinion - Breyer

Week 15 - Review Week

Dec. 6 - Review/Catch-up day. Punishment summary sheet.
Dec. 8 - Paper 3 is due.