Philosophy of Law - PHL 3070
Section 1 - Fall 2007
MWF 10:10-11:05, Kaplan 3
Mount Saint Mary College, Newburgh, NY

DESCRIPTION AND OBJECTIVES
The focus of this course is a philosophical investigation of the idea and nature of law. This does not mean that we will study the particular laws of this or another society. Instead we will be examining the basis for claiming that laws are needed in any society. Philosophy of law studies that nature of legal elements of society, and because of this much of what we study will reflect thinking done in other areas of philosophy. Our focus, though, will be on the nature and justification of certain legal aspects of society.

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.

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. 12.
• Paper Assignment 3 - due Dec. 10.

NOTE: All papers must be submitted in electronic format via email or disk. I must receive it by the start of class on the due date.

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% of your final grade.

Each of the papers will count for 30% of your grade.

Final grades will be determined using the following scale.

POLICIES

1. Complete work on time: your are expected to be an active participant in class and this requires having your work done before class starts. If you come to class unprepared, I may ask ask you to leave.
2. Late work is penalized: any assignment, including quizzes and testes, that is late by one class period is marked down by 5%; 10% if it is later than that. If you know 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. It is also your responsibility to be sure that I get the work you submit. If you turn something in other then during class, you must check to be sure that I did get it.
3. End of the semester and late work: Any work submitted on the last day of class will be subject to 20% penalty. Furthermore, any work submitted at any time after the last student has completed the final during the regularly scheduled session of the last section of this class will not be counted.
4. PLAGIARISM WILL NOT BE TOLERATED. READ, KNOW AND LIVE THIS. Plagiarism is any use of information, idea, or words of another person or source that is not document. I make every effort to return work within one week of the due date (failure of my doing so results in additional credit to you equivalent to the late penalties noted above), however, in cases where I suspect plagiarism I reserve the right to change your grade after this I have returned your work if I find evidence of plagiarism. You may wish to work with other people, but the work you turn in must be your own work. Instances of plagiarism can range from failure to document sources (an offense that will result in a 10% deduction of the possible points of the assignment from you grade) to verbatim copying selections from another source and (an offense that will result in receiving a 0 on the assignment and will result in the lowering of your final grade by at least one full letter grade). In cases where two classmates copy work together, I will grade the best paper and split the grade between the two offenders unless one admits to the plagiarism. If you plagiarize in any form a second time in this class, you fail.
5. Tolerance: You must show consideration and tolerance to others. If you are not being considerate or tolerant, you will be asked to leave the classroom.
6. Cell phones: If you have one and bring it to class make sure either that you turn it off or set the ringer to vibrate. If your cell phone goes off during class, I will take it and personally turn it off.the first time. The second time, I will ask for it whenever you enter the classroom and turn it off and return it at the end of each class period.
7. iPods and other electronic devices: If I see headphones on or in your ears, I will take them. You can keep the iPod, mp3 player, etc., but if you want to listen to it you will need new headphones.

COURSE SCHEDULE UPDATES

This schedule will be updated as we progress through the course. Check this link throughout the term to get the updates.

Philosophy of Law Page

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