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Viewing: PHI 312 : Philosophy of Law

Last approved: Fri, 16 Dec 2016 09:01:17 GMT

Last edit: Mon, 21 Nov 2016 15:38:58 GMT

Change Type
Major
PHI (Philosophy)
312
017211
Dual-Level Course
Cross-listed Course
No
Philosophy of Law
Philosophy of Law
College of Humanities and Social Sciences
Philosophy and Religion (16PHI)
Term Offering
Spring Only
Offered Every Year
Spring 2017
Previously taught as Special Topics?
No
 
Course Delivery
Face-to-Face (On Campus)

Grading Method
Graded with S/U option
3
16
Contact Hours
(Per Week)
Component TypeContact Hours
Lecture3.0
Course Attribute(s)
GEP (Gen Ed)

If your course includes any of the following competencies, check all that apply.
University Competencies

Course Is Repeatable for Credit
No
 
 
Barbara B. Levenbook
Professor

Open when course_delivery = campus OR course_delivery = blended OR course_delivery = flip
Enrollment ComponentPer SemesterPer SectionMultiple Sections?Comments
Lecture145NoNA
Open when course_delivery = distance OR course_delivery = online OR course_delivery = remote

Is the course required or an elective for a Curriculum?
Yes
SIS Program CodeProgram TitleRequired or Elective?
16PHILLAWPhilosophy of Law concentration Required
16PHILBAPhilosophy-BAElective
16PSLJPolitical Science-BA Law and Justice ConcentrationElective
20BUSBSBusiness Administration-BSElective
20ACCBSAccounting-BSElective
Fundamental legal issues such as what constitutes a law or legal system. Justifications of legal interference with individual liberty. Philosophical legal issues illustrated by specific legal cases.

Though the course has been taught since 1997 in the Spring (with the exception of Spring 2014, when it was instead offered in Fall 2013, to compensate for the instructor's being unavailable during Spring 2014), SIS now lists it as a Fall offering and the student schedule Planner is reportedly blocking student enrollment for the already scheduled Spring 2017 offering. Perhaps this is because there is some 1997 paperwork that designates it as a Fall course (which it was during 1980-1997) and because the new Planner was supplied with that specification. The purpose of this action is to designate the course as a Spring offering (as also reflected in the 8-semester display for 16PHILLAW)


Because the syllabus on file pre-dates the GEP, outcomes and an updated syllabus are also required. The course was added to the GEP-IP list in August 2012 and has been on the GEP-HUM list since 2009. There has been no change in the GEP-IP outcomes since 2012 review by CUE.


No

Is this a GEP Course?
Yes
GEP Categories
Humanities
Interdisciplinary Perspectives
Humanities Open when gep_category = HUM
Each course in the Humanities category of the General Education Program will provide instruction and guidance that help students to:
 
 
Students will be able to identify, explain and apply distinctions in legal philosophical theory to provide more refined and accurate analyses of the existence and extent of law in various cultures and at certain historical periods.
 
 
Test questions, e.g., As you recall from our examination of puzzle cases in the introduction to this course, the dictatorship of Hitler during the Nazi era in Germany was based on various illegalities at the time. Compare and contrast Austin’s and Hart’s answers to this question: Would there have been law in Germany during the twelve years of the Nazi era? If so, when and why?
 
 
Students will be able to identify and evaluate the differences among various accounts of the contribution that statutes make to the content of the law that derive from disparate views about the nature of the law and legal systems.
 
 
Test questions (Ex.: What are the differences between Hartian legal positivism and Dworkinian interpretivism on what determines the contribution a statute makes to the content of the law? Must they disagree about whether the case of Zabella v. Pakel, which involved an Illinois statute of limitations, was properly decided in accordance with pre-existing law? About whether Riggs v. Palmer, which involved a New York wills statute, was? In each case, explain why or why not.)
 
 
Students will be able to evaluate, by presenting arguments against, three major and highly influential theories of the nature of law.
 
 
Test questions (Ex.: Setting aside possible problems with the idea of a moral natural law, provide two good reasons why Classic Natural Law theory is unsatisfactory as an answer to the philosophical question, “What is law?”)
Mathematical Sciences Open when gep_category = MATH
Each course in the Mathematial Sciences category of the General Education Program will provide instruction and guidance that help students to:
 
 

 
 

 
 

 
 

Natural Sciences Open when gep_category = NATSCI
Each course in the Natural Sciences category of the General Education Program will provide instruction and guidance that help students to:
 
 

 
 

 
 

 
 

Social Sciences Open when gep_category = SOCSCI
Each course in the Social Sciences category of the General Education Program will provide instruction and guidance that help students to:
 
 

 
 

 
 

 
 

 
 

 
 

Interdisciplinary Perspectives Open when gep_category = INTERDISC
Each course in the Interdisciplinary Perspectives category of the General Education Program will provide instruction and guidance that help students to:
 
 
Students will be able to distinguish between meaning in its ordinary senses and the meaning of statutes (statutory interpretation).
 
 
Test questions (Ex. How do natural law theories and Dworkinian perfectionism differ in their preferred methods of judicial interpretations of statutes?)
 
 
Students will be able to apply the differences between justifications for moral and legal obligations to identify and analyze instances in which moral obligations justify legal obligations.
 
 
Test questions (Ex. According to Lord Devlin, private consensual acts can be prohibited by law if a reasonable person would find them intolerable. What was Devlin’s argument for this view? Are there any instances in which private consensual acts should be prohibited by law because they are generally regarded as immoral?)
 
 
Students will be able to analyze the moral and professional obligations of legal professionals and to understand the competing claims, moral and professional, under which attorneys work.
 
 
Test questions. (Ex. In Zabella v. Pakel an attorney, in accord with his professional legal obligation to his client, wins a case that allows the client to avoid meeting a moral obligation. Did the attorney meet his own moral obligations in winning the case?)
 
 
Philosophy and Legal Studies (“Law”)
 
 
Actual and hypothetical legal cases from US and English courts will be used to raise conceptual issues about legal reasoning and the purpose of the law and legal systems. The conceptual issues are at the heart of philosophy of law and their potentially profound practical importance in how laws are created and interpreted will be highlighted. Students are thus introduced to the case method prevalent in legal studies and law schools and helped to understand its strengths and weaknesses by comparing it with the grounded but more abstract methods typical of philosophy of law. Both kinds of methods are shown to be crucial for gaining a deeper understanding of both particular laws and the nature of the law in general.
Visual & Performing Arts Open when gep_category = VPA
Each course in the Visual and Performing Arts category of the General Education Program will provide instruction and guidance that help students to:
 
 

 
 

 
 

 
 

 
 

 
 

Health and Exercise Studies Open when gep_category = HES
Each course in the Health and Exercise Studies category of the General Education Program will provide instruction and guidance that help students to:
 
 

 
 

 
 

 
 

 
&
 

 
 

 
 

 
 

Global Knowledge Open when gep_category = GLOBAL
Each course in the Global Knowledge category of the General Education Program will provide instruction and guidance that help students to achieve objective #1 plus at least one of objectives 2, 3, and 4:
 
 

 
 

 
Please complete at least 1 of the following student objectives.
 

 
 

 
 

 
 

 
 

 
 

US Diversity Open when gep_category = USDIV
Each course in the US Diversity category of the General Education Program will provide instruction and guidance that help students to achieve at least 2 of the following objectives:
Please complete at least 2 of the following student objectives.
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Requisites and Scheduling
100
 
a. If seats are restricted, describe the restrictions being applied.
 
NA
 
b. Is this restriction listed in the course catalog description for the course?
 
NA
 
List all course pre-requisites, co-requisites, and restrictive statements (ex: Jr standing; Chemistry majors only). If none, state none.
 
None.
 
List any discipline specific background or skills that a student is expected to have prior to taking this course. If none, state none. (ex: ability to analyze historical text; prepare a lesson plan)
 
None.
Additional Information
Complete the following 3 questions or attach a syllabus that includes this information. If a 400-level or dual level course, a syllabus is required.
 
Title and author of any required text or publications.
 
PHI 312 Coursepak from Alphagraphics (2016) required, approximate price $35.00
David A. Reidy, _On the Philosophy of Law_, 1st ed. (Thomson/Wadsworth, 2007) optional approximate price: $12.80 (new); $9.60 (used)
 
Major topics to be covered and required readings including laboratory and studio topics.
 
See attached syllabus.
 
List any required field trips, out of class activities, and/or guest speakers.
 
None.
The instructor has taught this course since 1980 as part of her standard load and will continue to do so.

Analyze the nature of law and legal systems.


Distinguish legal from philosophical reasoning.


Distinguish moral from legal justification and obligation.


Investigate and evaluate methods used in justifying interpretations of statutes.


Student Learning Outcomes

Students will be able to:

1. Present, explain and evaluate philosophical arguments for and against the main the theories about the nature of law, legal systems, legal reasoning and legal justification.

2. Apply and evaluate legal reasoning to case law in justifying statutory interpretations.

3. Distinguish moral from legal principles in analyzing the relationships between moral and legal constraints on individual liberty.


Evaluation MethodWeighting/Points for EachDetails
Test90%Three exams @ 30%, including the Final Exam.
Homework10%Ten brief essays @ 1%

Key: 4372