PHIL222
Philosophy of Law
Spring 2012
Here is the course syllabus. Check back here periodically for additional readings and messages.
Here are the web resources listed on the syllabus, here as working links:
The US Supreme
Court
Historical legal writings
(includes our Constitution)
Military law
Harvard Law Library
Searchable US Code
FindLaw-all-purpose resource
Volokh Conspiracy- legal issues blog by UCLA Law
Professor Eugene Volokh and other lawprofs
Lawrence Solum’s Legal
Theory Lexicon
And here's one I found too late to add to the syllabus: the
Library of Law and Liberty
Your first "law movie" assignment: watch the film Judgment at
Nuremberg (1961), by Feb 3.
Reading for Thurs Feb 2:
Hayek, Law, Legislation, and
Liberty, chapters 2 and 4. Additional reading: Where
Does Law Come From? by Bruce Benson. Also please read
this essay on the
evolution of merchant law
Reading for next Tuesday Feb 14: After you are done reading chapter 2, please read John Hasnas, "The Myth of the Rule of Law," 1995 Wisconsin Law Review 199 (1995) -- a PDF of the article is here; if that's too cumbersome, an HTML version is here.
First paper assignment:
Due Feb 23rd, via email NLT 4:00 PM. Feb 24th, NLT 9:00am
EST. The paper should be sent as an
attachment, from your bridgew.edu account, with "PHIL222 1st paper" in the
subject line. The attachment should be a Word document (either .doc or .docx), set to Times New Roman 12-point font, double-spaced, with page numbering
on, 1-inch margins all around, and your name, date, and "PHIL222" on the
top right of the first page. Length range 4-5 pages. Give correct
bibliographic citations to any sources cited.
Topic: in the case of US v. Locke (471 US 89 (1985)), which you read in your
textbook, who has the better argument, Justice Marshall (pp. 149-151) or Judge
Posner (pp. 154-155)? Why? How do you think Dworkin (pp. 74-100)
would have decided the case?
Additional reading for chapter 3:
One of the earliest extant dramas,
Sophocles'
Antigone explores several of the themes we've discussed over the last few
weeks. Plato's dialogue
"Crito" features Socrates explaining why he thinks civil
disobedience is not justified. (Or
does he?)
No philosophical treatment of civil
disobedience is complete without Thoreau's classic essay on the subject.
It's here.
Take-Home Midterm Exam:
Due back in my inbox via email NLT Sunday March 4th, noon EST. The exam should
be sent as an attachment, from your bridgew.edu account, with "PHIL222 midterm"
in the subject line. The attachment should be a Word document (either .doc
or .docx), set to Times New Roman 12-point font, double-spaced, with page
numbering on, 1-inch margins all around, and your name, date, and "PHIL222
Midterm" on the top right of page 1. Answer each of the following
questions in less than two pages. (Meaning: each answer should be
under 2
pages, so the whole exam should be between 4 and 8 pages.)
1. What, according to Hart, is the relationship between a
law and a legal system? Why is this significant?
2. What does Dworkin mean by "integrity"? How is that related to what we
normally mean by that word?
3. Explain how the "indeterminacy argument" and its relevance to Legal
Realism.
Explain how Hasnas thinks reflects a strength of common-law systems.
4. In the film Judgement at Nuremberg, one of the defense arguments is
that what the Nazis did wasn't illegal. How does the prosecutor argue
against this line of reasoning? Assess the strengths and weaknesses of the
prosecutor's argument.
Readings for next class: Begin the chapter on
Rights.
Next film: before March 16, please watch
"Breaker" Morant (1980). You can get it from Netflix or
Amazon etc.
Some short videos on rights:
What are rights?
Where do rights come from?
Positive rights vs negative
rights
Economic liberties vs civil
liberties
Property rights
Smokers' rights vs
nonsmokers' rights
And the ever-popular
Equality and Respect
Also: James Stacey Taylor on the
Harm Principle
Interesting discussions at VC that I mentioned in class today: one
pertaining to the Zimmerman-Martin case in Florida
here and
a whole bunch pertaining to this week's action at the Supreme Court pertaining
to the individual mandate and the commerce clause
here.
Second paper assignment:
Due back in my inbox via email NLT Sunday April 22nd, 10:00 PM eastern time. The paper
should be sent as an attachment, from your bridgew.edu account, with "PHIL222
2nd paper" in the
subject line. The attachment should be a Word document (either .doc or .docx), set to Times New Roman 12-point font, double-spaced, with page numbering
on, 1-inch margins all around, and your name, date, and "PHIL222" on the
top right of the first page. Length range 4-5 pages. Give correct
bibliographic citations to any sources cited.
Topic: Find a Supreme Court case from within the last five or six years (use google or
findlaw) which deals with rights. (It can be from a different court if it’s of
equal national significance, e.g., the Mass SJC decision in Goodridge.) Defend
or criticize the majority opinion, and the reasoning used to support it. If you
are criticizing, you may use the dissenting opinion, but do not limit yourself
to that, as you’ll be expected to defend that reasoning. Examples
of the sorts of issues which might be involved include, but are not limited to:
Privacy, Civil Forfeiture, Gay Rights, Press Censorship, Speech/Arts Censorship,
Internet Censorship, Property Takings/Eminent Domain, 2nd Amendment rights, Criminal Due Process, etc.
Additional Reading for last week of class: Where Does Law Come From? by Bruce Benson. Also please read this essay on the evolution of merchant law, and these essays on the evolution of social order in the frontier West.
Last Film: please watch 12 Angry Men -- I realize you probably saw this in high school; watch it again this week please. The original film version directed by Sidney Lumet. You get it from Netflix or Amazon.
Take-home Final Exam: you have 48 hours. This is due in my inbox NLT 11:00 am Eastern, Thursday 5/3. Directions and exam questions are here.