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.
1/14 | introduction (handout) | ||
1/16 | Aquinas, from Summa Theologiæ I-II, Q. 90, 91, 94 (handout 1) | rdng gd | |
1/19 | Aquinas, from Summa Theologiæ I-II, Q. 95-97 (handout 2) | rdng gd | |
1/21 | Austin, The Province of Jurisprudence Determined, lecture I (lecture 1 ho) | rdng gd | |
1/23 | Austin, The Province of Jurisprudence Determined, lecture I (lecture 1 ho) cont’d and selections from lecture V (lecture 5 ho) | rdng gd | |
1/26 | Austin, The Province of Jurisprudence Determined, selections from lecture VI (lecture 6 ho) | rdng gd | |
1/28 | Holmes, “The Path of the Law” (on JSTOR) | rdng gd | |
1/30 | Kelsen, “The Pure Theory of Law and Analytical Jurisprudence,” §§I-VIII (on JSTOR, pp. 44-66) | rdng gd | |
2/2 | Hart, The Concept of Law, ch. 3 §1 | rdng gd | |
2/4 | Hart, The Concept of Law, chs. 3 §3, 4 §1 | rdng gd | |
2/6 | Hart, The Concept of Law, ch. 5 | rdng gd | |
2/9 | Hart, The Concept of Law, ch. 6 §§1-2 | rdng gd | |
2/11 | Hart, The Concept of Law, ch. 7 §1 (ppr 1 due) | rdng gd | |
2/13 | Hart, The Concept of Law, ch. 7 §§2-3 | rdng gd | |
2/16 | Hart, The Concept of Law, ch. 9 §1 pp. 192f, §2, §3 (vi), note to p. 208 (on pp. 303f) | rdng gd | |
2/18 | R. Dworkin, “The Model of Rules,” §§I-III (on JSTOR) | rdng gd | |
2/20 | R. Dworkin, “The Model of Rules,” §§IV-VI (on JSTOR) | rdng gd | |
2/23 | R. Dworkin, “Hard Cases,” §§I-II (on JSTOR) | rdng gd | |
2/25 | R. Dworkin, “Hard Cases,” §§III-IV.A.1 (on JSTOR) | rdng gd | |
2/27 | R. Dworkin, “Hard Cases,” §§IV.A.2-B.1 (on JSTOR) | rdng gd | |
3/2 | R. Dworkin, “Hard Cases,” §§IV.B.2-3 (on JSTOR) | rdng gd | |
3/4 | R. Dworkin, “Hard Cases,” §V (on JSTOR) | rdng gd | |
3/6 | midterm exam | ||
spring break | |||
3/16 | Hart, The Concept of Law, ch. 8, §1 | rdng gd | |
3/18 | Hohfeld, “Some Fundamental Legal Conceptions as Applied in Judicial Reasoning,” pp. 16-20, 28-44 (on JSTOR) | rdng gd | |
3/20 | Hohfeld, “Some Fundamental Legal Conceptions as Applied in Judicial Reasoning,” pp. 44-59 (on JSTOR) | rdng gd | |
3/23 | Rawls, “Two Concepts of Rules,” secs. I-II (on JSTOR, pp. 3-18) | rdng gd | |
3/25 | Rawls, “Two Concepts of Rules,” secs. III-IV (on JSTOR, pp. 18-32) | rdng gd | |
3/27 | Mill, sels. from On Liberty (handout) | rdng gd | |
3/30 | Greenawalt, “The Perplexing Borders of Justification and Excuse,” intro. & §I (on JSTOR, pp. 1897-1915) | rdng gd | |
4/1 | Greenawalt, “The Perplexing Borders of Justification and Excuse,” §§II-III (on JSTOR, pp. 1915-1927) | rdng gd | |
4/3 | no class | ||
4/6 | Fletcher, “Fairness and Utility in Tort Theory,” §§I-II (on JSTOR, pp. 537-556) | rdng gd | |
4/8 | Fletcher, “Fairness and Utility in Tort Theory,” §§III-V (on JSTOR, pp. 556-573) | rdng gd | |
4/10 | Posner, “Utilitarianism, Economics, and Legal Theory,” §§I-IIA (on JSTOR, pp. 103-119) | rdng gd | |
4/13 | Posner, “Utilitarianism, Economics, and Legal Theory,” §IIB-app. D (on JSTOR, pp. 119-140) | rdng gd | |
4/15 | Kronman, “Contract Law and Distributive Justice” (on JSTOR, pp. 472-483) (ppr 2 due) | rdng gd | |
4/17 | Kronman, “Contract Law and Distributive Justice” (on JSTOR, pp. 483-497) | rdng gd | |
4/20 | Grotius, sels. from Grotius on the Rights of War and Peace: An Abridged Translation. (handout) | rdng gd | |
4/22 | Kelsen, “The Pure Theory of Law and Analytical Jurisprudence,” §IX (on JSTOR, pp. 66-70) | rdng gd | |
4/24 | Hart, The Concept of Law, ch. X §§ 1-3 | rdng gd | |
4/27 | Hart, The Concept of Law, ch. X §§ 4-5 | rdng gd | |
4/29 | Naticchia, “Recognition and Legitimacy: A Reply to Buchanan” (on JSTOR) | rdng gd | |
5/1 | Buchanan, “Rule-Governed Institutions versus Act-Consequentialism: A Rejoinder to Naticchia” (on JSTOR) | rdng gd | |
exam week | |||
5/5 | 9:00 a.m. Tues: final exam |