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.
| 1/10 | introduction (handout) | ||
| 1/12 | Aquinas, from Summa Theologiæ I-II, Q. 90, 91, 94 (Culver, pp. 37-51) | rdng gd | |
| 1/15 | Aquinas, from Summa Theologiæ I-II, Q. 95-97 (Culver, pp. 51-54 and handout) | rdng gd | |
| 1/17 | Locke, selections from the Second Treatise of Government (handout) | rdng gd | |
| 1/19 | Austin, The Province of Jurisprudence Determined, lecture I (Culver, pp. 96-105) | rdng gd | |
| 1/22 | Austin, The Province of Jurisprudence Determined, lecture I cont’d and selection from lecture V (Culver, pp. 106-112) | rdng gd | |
| 1/24 | Austin, The Province of Jurisprudence Determined, selections from lecture VI (Culver, pp. 112-115 and handout) | rdng gd | |
| 1/26 | no class (Research Celebration—1-4 p.m.) | ||
| 1/29 | 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 | |
| 1/31 | Llewellyn, “A Realistic Jurisprudence—The Next Step” (on JSTOR, pp. 431-447) | rdng gd | |
| 2/2 | Llewellyn, “A Realistic Jurisprudence—The Next Step,” cont’d (on JSTOR, pp. 447-465) | rdng gd | |
| 2/5 | Kelsen, “The Pure Theory of Law and Analytical Jurisprudence,” §§I-VIII (on JSTOR, pp. 44-66) | rdng gd | |
| 2/7 | Hart, “Positivism and the Separation of Law and Morals,” secs. I-III (Culver, pp. 116-134) | rdng gd | |
| 2/9 | 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 | |
| 2/12 | Hart, The Concept of Law, ch. V (Culver, pp. 145-159) | rdng gd | |
| 2/14 | Hart, The Concept of Law, ch. VI, secs. 1-2 (Culver, pp. 159-171) | rdng gd | |
| 2/16 | Ronald Dworkin, “The Model of Rules I,” secs. 1-3 (Culver, pp. 185-197) and Riggs v. Palmer (Culver, pp. 233-240) | rdng gd | |
| 2/19 | Ronald Dworkin, “The Model of Rules I,” secs. 4-6 (Culver, pp. 197-211) | rdng gd | |
| 2/21 | Ronald Dworkin, Law’s Empire, sels. from ch. 7 (Culver, pp. 212-232) | rdng gd | |
| 2/23 | Ronald Dworkin, Law’s Empire, sels. cont’d (Culver, pp. 212-232) | rdng gd | |
| 2/26 | Unger, The Critical Legal Studies Movement, intro., ch. 1, and excerpt from ch. 2 (Culver, pp. 295-310) | rdng gd | |
| 2/28 | Altman, “Legal Realism, Critical Legal Studies, and Dworkin,” §§IV-VII (on JSTOR, pp. 216-235) | rdng gd | |
| 3/2 | midterm exam (topics) | ||
| spring break | |||
| 3/12 | Rawls, “Two Concepts of Rules,” secs. I-II (on JSTOR) | rdng gd | |
| 3/14 | Rawls, “Two Concepts of Rules,” secs. III-IV (on JSTOR) | rdng gd | |
| 3/16 | Hohfeld, sel. from “Some Fundamental Legal Conceptions as Applied in Judicial Reasoning” (handout) | rdng gd | |
| 3/19 | Hohfeld, sel. from “Some Fundamental Legal Conceptions as Applied in Judicial Reasoning” (handout) | rdng gd | |
| 3/21 | Mill, sels. from On Liberty (Culver, pp. 326-342) | rdng gd | |
| 3/23 | Gerald Dworkin, “Paternalism” and “Paternalism: Some Second Thoughts” (Culver, pp. 342-363) | rdng gd | |
| 3/26 | Hart, postscript to Punishment and Responsibility (Culver, pp. 404-417) | rdng gd | |
| 3/28 | Greenawalt, “The Perplexing Borders of Justification and Excuse,” intro. & §I (on JSTOR, pp. 1897-1915) | rdng gd | |
| 3/30 | Greenawalt, “The Perplexing Borders of Justification and Excuse,” §§II-III (on JSTOR, pp. 1915-1927) | rdng gd | |
| 4/2 | Fletcher, “Fairness and Utility in Tort Theory,” §§I-II (on JSTOR, pp. 537-556) | rdng gd | |
| 4/4 | Fletcher, “Fairness and Utility in Tort Theory,” §§III-V (on JSTOR, pp. 556-573) | rdng gd | |
| 4/6 | Posner, “Utilitarianism, Economics, and Legal Theory,” §§I-IIA (on JSTOR, pp. 103-119) | rdng gd | |
| 4/9 | Posner, “Utilitarianism, Economics, and Legal Theory,” §IIB-app. D (on JSTOR, pp. 119-140) | rdng gd | |
| 4/11 | Kronman, “Contract Law and Distributive Justice” (on JSTOR) | rdng gd | |
| 4/13 | Kronman, “Contract Law and Distributive Justice” (on JSTOR) | rdng gd | |
| 4/16 | Grotius, sels. from On the Law of War and Peace (Culver, pp. 464-476) | rdng gd | |
| 4/18 | Kelsen, “The Pure Theory of Law and Analytical Jurisprudence,” §IX (on JSTOR, pp. 66-70) | rdng gd | |
| 4/20 | Hart, The Concept of Law, ch. X secs. 1-3 (Culver, pp. 477-486) | rdng gd | |
| 4/23 | Hart, The Concept of Law, ch. X secs. 4-5 (Culver, pp. 486-493) | rdng gd | |
| 4/25 | Koskenniemi, “The Politics of International Law,” secs. I-IV.A (Culver, pp. 494-510) | rdng gd | |
| 4/27 | Koskenniemi, “The Politics of International Law,” secs. IV.B-concl. (Culver, pp. 510-521) | rdng gd | |
| exam week | |||
| 5/4 | 1:30 p.m. Fri: final exam (topics) | ||