Texts:
Keith Culver (ed.), Readings in the Philosophy of Law (Broadview Press, 1999).
On JSTOR:
Andrew Altman, “Legal Realism, Critical Legal Studies, and Dworkin,” §§IV-VII, Philosophy and Public Affairs, vol. 15 (1986), pp. 216-235 (on JSTOR)
George Fletcher, “Fairness and Utility in Tort Theory,” Harvard Law Review, vol. 85 (1972), pp. 537-573 (on JSTOR)
Kent Greenawalt, “The Perplexing Borders of Justification and Excuse,” Columbia Law Review, vol. 84 (1984), pp. 1897-1927 (on JSTOR)
Hans Kelsen, “The Pure Theory of Law and Analytical Jurisprudence,” Harvard Law Review, vol. 55 (1941), pp. 44-70 (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, “Utilitarianism, Economics, and Legal Theory,” The Journal of Legal Studies, vol. 8 (1979), pp. 103-140 (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 (handout in pdf format)
John Austin, selections from lecture VI of The Province of Jurisprudence Determined (handout 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. (handout in pdf format)
John Locke, selections from the Second Treatise of Government (handout in pdf format)
“Some Greek and Roman ideas of natural law,” selections from Aristotle, Cicero, and the Roman jurists (handout in pdf format)
Requirements: (1) Two short papers (the first paper 2-3 pp. and the second paper c. 4 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 longer paper (5-6 pp.) developing your own views on a topic related to what you have read. (3) Midterm and final exams, including both short-answer and essay questions on key concepts from the course. (4) Regular, prepared, and active participation in class (which will include completion of weekly brief writing assignments). Your final grade will be based on these in the following way: 10%, 15%, and 25% for the papers, 15% for the midterm, 20% for the final, and 15% 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.