Paper Two - Rights

Due: Nov. 12

The second paper you are required to right must focus on the issue of rights. Specifically you will be writing a paper advocating what the position regarding the limits of coercive power should be. In class, we have directly examined the positions of both Mill and Kant as well as the views of Devlin and the decisions in two cases. Completing this paper will require you to apply the thoughts of Mill, Kant, or Devlin as they pertain to the decisions in one of the cases we have discussed. To complete the assignment you must first clarify the individual's position regarding the basis of rights. For example, if you are going to consider Kant you will need to explain what is the basis for a person making a claim that she has certain rights. Alternatively, you can clarify this issue by showing on what grounds the government can legitimately restrain a person to act as she desires or force a person to carry out a specific action. Second, you will need to explain how the theory presented either supports or challenges the opinion or dissent of the Texas v. Johnson (you can use either the opinion of Brennan or dissenting opinion of Rehnquist or Stevens) or Bowers v. Hartwick (you can use either the opinion of White or dissenting opinion of Blackmun or Stevens) cases. Finally, you must present one criticism the theory and respond to that criticism.

To summarize the elements of the paper, it must include the following parts:

  1. Explanation of theory about the basis of rights present by one of the philosophers (counts double)
  2. Summary of the facts of the case under consideration.
  3. Explanation of the argument for the opinion or dissent (counts double)
  4. Explanation of how the theorist presented would argue for the opinion or the dissent
  5. Criticism of the theory (you can also use this to criticize the opinion or dissent)
  6. Response to the criticism

You are also required to use one outside source for this paper - this source cannot be an encyclopedia of any kind.

Below is the rubric I will use to evaluate your paper. If you have any question, please let me know.

Rubric (0-4 point scale)

Each of the eight items will be assessed on the following 5 point scale. Items 1. and 3. will be weighted to count twice as much as the other items (a total of 40 points possible). Grades will be determined by dividing the total number earned by 10.

4 - Exceptional
3 - Very Good
2 - Average
1 - Seriously Deficient
0 - Unacceptable
Element has been accurately, clearly and completely presented and clarified. All ideas of the element have been identified and preliminary explanations have been provided. There are a few points that are unclear or inaccurate Basic ideas of the element have been listed or identified but not explained. Major ideas of the element are missing but some have been identified. The element of the assignment is missing and/or entirely inaccurately presented.

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Philosophy of Law Paper Two Assignment
teall@msmc.edu
Mount Saint Mary College, Newburgh, New York