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) |