Texts:

Keith Culver (ed.), Readings in the Philosophy of Law (Broadview Press, 1999).

On JSTOR and EBSCO:

Jules Coleman, Corrective Justice and Wrongful Gain, The Journal of Legal Studies, vol. 11 (1982), pp. 421-440 (on JSTOR)

Jerome Frank, Words and Music: Some Remarks on Statuatory Interpretation, Columbia Law Review, vol. 47 (1947), pp. 1259-1278 (on JSTOR)

Hans Kelsen, The Basic Norm, California Law Review, vol. 47 (1959), pp. 107-110 (on EBSCO)

Hans Kelsen, Law, State, and Justice in the Pure Theory of Law, The Yale Law Journal, vol. 57 (1948), pp. 377-390 (on JSTOR)

Anthony Kronman, Contract Law and Distributive Justice, The Yale Law Journal, vol. 89 (1980), pp. 472-511 (on JSTOR)

Karl Llewellyn, A Realistic Jurisprudence--The Next Step, Columbia Law Review, vol. 30 (1930), pp. 431-465 (on JSTOR)

Richard Posner, The Concept of Corrective Justice in Recent Theories of Tort Law, The Journal of Legal Studies, vol. 10 (1981), pp. 187-206 (on JSTOR)

John Rawls, Two Concepts of Rules, The Philosophical Review, vol. 64 (1955), pp. 3-32 (on JSTOR)

Handouts:

Thomas Aquinas, Summa Theologiæ, I-II, q. 96 aa. 2, 3, 6 and q. 97 (in pdf format)

John Austin, The Province of Jurisprudence Determined, further selections from lecture VI (in pdf format)

Wesley Hohfeld, selections from "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning," The Yale Law Journal, vol. 23 (1913), pp. 16-59 (in pdf format)

John Locke, selections from the Second Treatise of Government (in pdf format)

Requirements: (1) Two short papers (the first paper c. 3 pp. and the second paper 4-5 pp.) on topics arising from the texts you read; in both cases I will suggest topics but you will have substantial freedom of choice. (2) A final paper (6-8 pp.) developing your own views on a topic related to what you have read. (3) A final take-home essay exam, whose questions will ask you to draw together ideas from a number of readings in the course. (4) Regular, prepared, and active participation in class (including completion of ungraded weekly writing assignments). Your final grade will be based on these in the following way: 12%, 18%, and 25% for the papers, 20% for the exam, and 25% for class participation.

Attendance and due dates: As part of my evaluation of your participation, I will be keeping a record of your attendance. You will be automatically excused if you notify me in advance that you will miss a class (e-mail or voice-mail messages are fine). After the fact, you will be excused if you give me a good reason or a dean's excuse. The brief writing assignments are due week by week. Due dates for the others are subject to negotiation. I have set a default due date for the class and but I am willing to set individual due dates (within reason) for those who find that inconvenient. My policy on missed deadlines is similar to that on missed classes: I'll re-negotiate the deadline (again within reason) if I hear in advance but after the fact I'll expect an excuse. Unexcused missed deadlines will have an effect on your participation grade.