Syllabus: addresses, texts and requirements, calendar
 
 

Calendar. The assignments below are approximate and tentative. The reading guide for each class will give full details of the assignment and sometimes include passages that are part of your assignment.

1/11 introduction (handout)  
1/13 Aquinas, from Summa Theologiæ I-II, Q. 90, 91, 94 (Culver, pp. 37-51) rdng gd
1/16 Aquinas, from Summa Theologiæ I-II, Q. 95-97 (Culver, pp. 51-54 and handout) rdng gd
1/18 Locke, selections from the Second Treatise of Government (handout)
1/20 Austin, The Province of Jurisprudence Determined, lecture I (Culver, pp. 96-105) rdng gd
1/23 Austin, The Province of Jurisprudence Determined, lecture I cont’d and selection from lecture V (Culver, pp. 106-112) rdng gd
1/25 Austin, The Province of Jurisprudence Determined, selections from lecture VI (Culver, pp. 112-115 and handout) rdng gd
1/27 no class (Research Celebration—1-4 p.m.)  
1/30 Holmes, selections from “The Path of the Law” (Culver, pp. 249-254) and Frank, Law and the Modern Mind, ch. V (Culver, pp. 259-262) rdng gd
2/1 Llewellyn, “A Realistic Jurisprudence—The Next Step” (on JSTOR, pp. 431-447) rdng gd
2/3 Llewellyn, “A Realistic Jurisprudence—The Next Step,” cont’d (on JSTOR, pp. 447-465) rdng gd
2/6 Hans Kelsen, “The Pure Theory of Law and Analytical Jurisprudence,” §§I-VIII (on JSTOR, pp. 44-66) rdng gd
2/8 Hart, “Positivism and the Separation of Law and Morals,” secs. I-III (Culver, pp. 116-134) rdng gd
2/10 Hart, “Positivism and the Separation of Law and Morals,” secs. IV-VI (Culver, pp. 134-145) and Fuller, “The Problem of the Grudge Informer” (Culver, pp. 172-177) rdng gd
2/13 Hart, The Concept of Law, ch. V (Culver, pp. 145-159) rdng gd
2/15 Hart, The Concept of Law, ch. VI, secs. 1-2 (Culver, pp. 159-171) rdng gd
2/17 Ronald Dworkin, “The Model of Rules I,” secs. 1-3 (Culver, pp. 185-197) and Riggs v. Palmer (Culver, pp. 233-240) rdng gd
2/20 Ronald Dworkin, “The Model of Rules I,” secs. 4-6 (Culver, pp. 197-211) rdng gd
2/22 Ronald Dworkin, Law’s Empire, sels. from ch. 7 (Culver, pp. 212-232) rdng gd
2/24 Ronald Dworkin, Law’s Empire, sels. cont’d (Culver, pp. 212-232) rdng gd
2/27 Unger, The Critical Legal Studies Movement, intro., ch. 1, and excerpt from ch. 2 (Culver, pp. 295-310) rdng gd
3/1 Altman, “Legal Realism, Critical Legal Studies, and Dworkin,” §§IV-VII (on JSTOR, pp. 216-235) rdng gd
3/3 midterm exam (topics)
spring break
3/13 Rawls, “Two Concepts of Rules,” secs. I-II (on JSTOR) rdng gd
3/15 Rawls, “Two Concepts of Rules,” secs. III-IV (on JSTOR) rdng gd
3/17 Hohfeld, sel. from “Some Fundamental Legal Conceptions as Applied in Judicial Reasoning” (handout) rdng gd
3/20 Hohfeld, sel. from “Some Fundamental Legal Conceptions as Applied in Judicial Reasoning” (handout) rdng gd
3/22 Mill, sels. from On Liberty (Culver, pp. 326-342) rdng gd
3/24 Gerald Dworkin, “Paternalism” and “Paternalism: Some Second Thoughts” (Culver, pp. 342-363) rdng gd
3/27 Hart, postscript to Punishment and Responsibility (Culver, pp. 404-417) rdng gd
3/29 Duff, sels. from Criminal Attempts (Culver, pp. 418-429) rdng gd
3/31 Duff, sels. from Criminal Attempts (Culver, pp. 429-441) rdng gd
4/3 Fletcher, “Fairness and Utility in Tort Theory,” §§I-II (on JSTOR, pp. 537-556) rdng gd
4/5 Fletcher, “Fairness and Utility in Tort Theory,” §§III-V (on JSTOR, pp. 556-573) rdng gd
4/7 Posner, “Utilitarianism, Economics, and Legal Theory,” §§I-IIA (on JSTOR, pp. 103-119) rdng gd
4/10 Posner, “Utilitarianism, Economics, and Legal Theory,” §IIB-app. D (on JSTOR, pp. 119-140) rdng gd
4/12 Kronman, “Contract Law and Distributive Justice” (on JSTOR) rdng gd
4/14 Kronman, “Contract Law and Distributive Justice” (on JSTOR) rdng gd
4/17 Grotius, sels. from On the Law of War and Peace (Culver, pp. 464-476) rdng gd
4/19 Hans Kelsen, “The Pure Theory of Law and Analytical Jurisprudence,” §IX (on JSTOR, pp. 66-70) rdng gd
4/21 Hart, The Concept of Law, ch. X secs. 1-3 (Culver, pp. 477-486) rdng gd
4/24 Hart, The Concept of Law, ch. X secs. 4-5 (Culver, pp. 486-493) rdng gd
4/26 Koskenniemi, “The Politics of International Law,” secs. I-IV.A (Culver, pp. 494-510) rdng gd
4/28 Koskenniemi, “The Politics of International Law,” secs. IV.B-concl. (Culver, pp. 510-521) rdng gd
exam week
5/3 1:30 p.m. Wed: final exam (topics)