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Phil2080online outline_2012-13.pdf

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Philosophy 2080
James Hildebrand

Course OutlineThe University of Western OntarioDepartment of PhilosophyInstructorJ HildebrandPhilosophy 2080 65020122013Philosophy of LawClass Hours700 PM to 850 PMOffice HoursMonday andWednesday 545 to 645 PMPhone5196612111ext TBAEmailjfhildebuwocaStudents are responsible for following the Philosophy Department procedures included with this outline Instructorsandor teaching assistants will post information regarding the dates times and locations of tests andreviewsessions on the Course web site and in classCourse DescriptionWe will study the fundamental concepts of law and the philosophical principles on which they are based The courseis divided into four sections two each term as follows the first term will be spent on tort law and contract law thesecond term criminal law and constitutional law There will also be an introduction to the basic structure of our courtsystem the difference between statute law and common law and some basic knowledge of the legal process In thestudy of tort law the main focus will be on the law of negligence including the expanding areas of liability of productmanufacturers tavern owners and other publicprivate entitiesIn the study of contract law thestudent will gain an understanding of the basics of contract law by looking at pivotalcases and applying the principles found in those cases in various other situations For criminal law the questions ofculpability intention and available defences are considered Finally constitutional law will be studied with the mainfocus on theCanadian Charter of Rights and Freedomsand litigation based on that legislationWhile there is no claim that the student will gain knowledge of the most current state of the law there will be an effortto consider current events and controversial issues that are topical during the study of the courseIn addition and in conjunction with the cases studied will be a discussion of the philosophical principles that underliejustify and inform the lawControversial areas of the law will be discussed including such topics as the independenceof the courts from political influence freedom of speech pornography abortion law the tension between legalobligations to accused persons and the rights of victims of crime etcRequired Textsth1A course pack reproductionof the original textPrivate Law Tort and Contract 4edition Richard Bronaughand Michael Eizenga editorsavailable at the University Bookstore2Acourse pack reproduction of the original textCriminal Law Richard Bronaugh and Michael Eizengaeditors available at the University Bookstore3For Constitutional law a course pack to be prepared by professoravailable at the University BookstoreThere will be supplementary readings provided to students via email or through the course web siteRequirementsCourse evaluation will be through four equally weighted noncumulative multiplechoice tests two in each termTeaching AssistantNAExaminationsThere are four exams one at the end of each course quadrantThe exams are noncumulativeone hour longandconsist of multiple choice questionsEach exam is worth 25 of the final course gradeUNDER NOCIRCUMSTANCES WILL EXAM GRADES BE REWEIGHTEDDates times and places for all of the followingexams will be announced in class and posted on the course web siteExam particulars will not be available over1
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