Philosophy of Law - PHL 307, Section 1 - Fall 2005

TTh 2:20-3:45 Hudson 105

Mount Saint Mary College, Newburgh, NY

Tuesday 11:15 - 12:15

Our discussions will focus on three general topics. Initially, we will consider the nature and justification of law in general. The discussion will begin with an examination of the natural law theory and proceed through a critical analysis of more contemporary theories of law. Following this we will consider two more specific topics in philosophy of law. The first of these will be an examination of the claim that individuals have legal rights and what limits these rights may be. The second will be the issue of punishment and views on the justification of legal punishment in general.

Finally, there are a couple of notes about this course you should understand. First, it is my aim both to facilitate your understanding of law and do help you develop your critical reasoning skills. The second of these two aims is crucial for anyone hoping to continue to study any aspect of law or philosophy. Second, I expect everyone to be actively engaged in our electronic discussions. These discussions are what will allow you to succeed in both learning about the philosophy of law and develop your own critical reasoning skills.

Specifically, the objectives for this course are the following:

1) Recognize and clarify different views on the nature of law.
2) Formulate arguments for competing positions on the justification and limits of legal rights.
3) Formulate arguments for positions regarding the justification of punishment.
4) Develop critical thinking and writing skills.

In addition, there are several Supreme Court cases and other selections that we will read. Some of these are on reserve in the library. The others are available on the Internet. Those on the Internet have links to them on the course schedule.

ASSIGNMENTS
There are three short (4-6 page, double-spaced, approximately 1000-1500 words) papers. One will be on each of the topics covered in the course: the nature of law, rights, and punishment. You will be given the opportunity to rewrite your first two papers. You have two weeks from the day I return the papers to revise and turn them back into me. If the revised grade is higher, I will average the grades for the two papers. If it is lower, I will recorded the score for the first paper alone. Detailed descriptions of the papers are available by clicking on the links below:

• Paper Assignment 1 - due Oct. 5.
• Paper Assignment 2 - due Nov. 9.
• Paper Assignment 3 - due Dec. 10.

The other assignment will be in-class, oral quizzes and participation. Since you are expected to be prepared prior to the start of class, I will be asking many questions about the reading. I will expect every person to be able to answer any question I ask, but I will randomly focus on 1-3 people each class session. These people will be the class moderators. Each moderator will be asked questions to start the class discussion. If you are unprepared to act as moderator on more than two occasions, you will not be able to get more than a C (70 points) for this portion of your grade.

GRADING
The oral quizzes and participation will be worth 10% (100 points) of your final grade.

Each of the papers will count for 30% (300 points) of your grade.

Final grades will be determined using the following scale.

POLICIES
It is a policy of this class that you complete the reading and email assignments in a timely fashion. You should read the material assigned for each week by Monday. The only way the summaries and lectures will make sense if you have read the material. Also, the material must be read in order to complete the paper assignments.

If you know that you will be unable to turn an assignment in on time, then make sure you have discussed this with me well in advance. If you turn something in late it will be marked down by 5% if you get it to me by the next class period and 10% if it is later than that. Also, any time you must miss a class for a scheduled event (religious holiday, athletics, etc.), please let me know in advance so we can make arrangements for making up the work.

Plagiarism will not be tolerated. You may wish to work with other people, but the work you turn in must be your own work. If you plagiarize you fail.

Cell phones are a distraction to everyone in the class. If you have one and bring it to class make sure that it is either turned off or the ringer is set to vibrate. If your cell phone goes off during class, I reserve the right to make a one hour phone call on your phone to the location of my choice.