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CPHL 612- Philosophy of Law (Syllabus).doc

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PHL 612
Frank Miller

RYERSON UNIVERSITY Course No. CPHL 612: Philosophy of Law Spring 2012 Instructor: Lucan Gregory E-mail address: [email protected] This is a Degree Credit, Arts Program Area C alendar  Course  Description:  PHL 612  Philosophy  of  Law.  What  is law?  What  makes  something  a  This  course  will  explore  competing  theories  of  law,  such  as  natural  law  and  positivism,  and  touch  on   crucial  debates  over  civil  disobedience,  purposes  of  punishment,  and  interpretation  of  legal  texts.  It  will  deal  with  contemporary  controversies  over  the  legal  regulation  of  human  behaviour,  for  instance   in  matters  of  sexual  morality. COURSE EVALUATION: In-Class Assignment 25% Week Three, Thurs. May 17 Essay 40% Week Six, Tues. June 5 In-Class Test 35% Week Seven, Thurs. June 14 COURSE READINGS Online, Ryerson University Library Electronic Resources, and Blackboard It willbe to your advantage to have the readings with you in class. Please either print them in advance, or if you are taking notes on a laptop, have them easilyavailable to you. COURSE SCHEDULE: Nature of Law Week One (May 1): Introduction (course requirements) Auden, W.H. “Law, Like Love.” In-class handout. Online: (May 3): What is law? Tamanaha, Brian. “Law.” Oxford International Encyclopedia of Legal History, St. John's Legal Studies Research Paper No. 08-0095 (2008). Online: Law and Morality Week Two (May 8): Legal Positivism 1 Hart, H.L.A. “Positivismand the Separation of Law and Morals.” Harvard Law Review, Volume 71, Number 4 (Feb. 1958), pp. 593-629 (SELECTIONS). Online through Ryerson University Library: (May 10): Natural Law Theory (procedural) Fuller, Lon. “Positivismand Fidelity to Law: A Reply to Professor Hart.” Harvard Law Review, Volume 71, Number 4 (Feb. 1958), pp. 630-672 (SELECTIONS). Online through Ryerson University Library: Week Three (May 15): Law, Interpretation and Integrity + Essay Topics Dworkin, Ronald. “Law's Ambitions for Itself.” Virginia Law Review, Volume 71, Number 2 (Mar. 1985), pp. 173-187. Online through Ryerson University Library: Riggs v. Palmer, 115 NY 506 (Court of Appeals of New York) (1889). Online: (May17): Review, In-Class Assignment Duty to Obey the Law Week Four (May 22): Duty to Obey? nd Plato, “Crito,” Five Dialogues: Euthypro, Apology, Crito, Meno, Phaedo, 2 ed., ed. G.M.A. Grube, revised John M. Cooper (Hackett Publishing Company, 2002), pp.45-57. Blackboard. (May 24): Philosophical Anarchism? Wolff, Robert Paul. “ONE: The Conflict Between Authority and Autonomy.” In Defense of Anarchism (New York: Harper & Row, 1970). Online: Harm Principle and Paternalism Week Five (May 29): Harm Principle Mill, John Stuart, On Liberty (selections from Chaps. 1-4). Law and Morality: Readings in Legal Philosophy, 3 ed., eds. David Dyzenhaus, Sophia Reibetnz Moreau and Arthur Ripstein (Toronto: University of Toronto Press, 2007), pp.306-326. Blackboard. (May 31): Paternalism and Legal Moralism 2 Dworkin, Gerald. 2010. “Paternalism”, Stanford Encyclopedia of Philosophy Online: Prostitution and Brothels Week Six (June 5): Prostitution: Legal History and Policy in Canada (*ESSAY DUE) Cool, Julie. “Prostitution in Canada: An Overview,” Library of Parliament (1 Sept 2004) Online: (June 7): Canada v Bedford (Brothels in Ontario) Canada v Bedford, 2012 ONCA 186 Online: (SELECTIONS) The Star: “Sex worker advocates clash over landmark ruling” Online : CBC News : “Ontario Appeal Court strikes down ban on brothels” Online : Civil Disobedience (revisited) and Exam Week Seven (June 12): Civil Disobedience Raz, Joseph. “CivilDisobedience.” Civil Disobedience in focus, ed. Hugo Adam Bedau (London: Routledge, 1991), pp.159-169. Blackboard. (June 14): Review / In-class test RECOMMENDED (General): Stanford Encyclopedia of Philosophy: Jim Pryor, “Guidelines on Reading Philosophy”, 2006 Jim Pryor, “Guidelines on Writing a Philosophy Paper”, 2006 Jim Pryor, “Philosophical Terms and Methods” *NOTES ON ASSIGNMENTS: 3 The In-class assignment willbe a writing assignment based on a short in-class handout. The nature of the assignment willbe explained closer to the date. The essay willbe 5-6 pages, double spaced, 12pt font. The essay topics willbe handed out approximately 3 weeks in advance (Tues. May 15). The In-class test willbe comprised of a variety of short answer questions (on terms and concepts, and theories and perspectives from course materials), and one longer answer question. There will be a choice of questions from which to choose. Requests for extensions, accommodations or considerations should be made on email, in person, or during a scheduled visit with an appointment. UNIVERSITY POLICIES: Policies can be found online at: Course Management Policy: Examinations MISSED TERM WORK OR EXAMINATIONS: Students are expected to complete all assignments, tests, and exams within the time frames and by the dates indicated in this outline. Exemption or deferral of an assignment, term test, or final examination is only permitted for a medical or personal emergency or due to religious observance. The instructor should be notified by e-mail or by phone prior to the due date or test/exam date, and the appropriate documentation needs to be submitted in a timelymanner. Absence from mid-term examination or tests: The instructor should be notified by e-mail as soon as possible before the scheduled test or exam. Documentation needs to be provided at the next class, or the next available opportunity. Students need to make arrangements with the instructor to write a makeup test. Absence fro
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