Philosophy of Law (352I) -- Section 002 – CSU Long Beach -- Fall 2009 (#10565)

7:00 - 9:45 p.m. -- Mondays (LA4-108) - Julie Van Camp, Professor of Philosophy

Text: Philosophical Problems in the Law, Fourth Edition, edited by David M. Adams (Wadsworth Publishing Company, 2005) (All page references are to Adams, unless otherwise indicated)

This text has been used in many classes in recent years on our campus. You should have no problem finding a used copy. No new edition in planned for 2010, so you will be able to sell it at the end of the semester.

In-person Class: LA4-108	Activity point options: Beachboard
Monday, August 31

Introduction to the Course:

Methodologies, goals

Beachboard, Turn-it-in

Briefing cases	Activate Beachboard account

Post an introduction on the Discussion Board with your name, major, career goals (2 points)

DEADLINE: Monday, 9/14 - 5 am
Monday, September 7

CAMPUS CLOSED: Labor Day	Plagiarism On-Line Quiz (4 points)

DEADLINE: Monday, 9/21 - 5 am
Monday, September 14

I.	The Nature of Law

"Philosophy and the Law" (3-14)

A.	Law and Morality

"Classical Theories of Law" (40-44)

Lawrence v. Texas (259-265)

Bowers v. Hardwick (excerpts) (Beachboard)

"Positivism and the Separation of Law and Morals," H.L.A. Hart (61-70)	Threaded discussion group on Beachboard:

Discuss reading for 9/14 (2 points)

DEADLINE: Monday, 9/21 - 5 am
Monday, September 21* [A-1]

"Positivism and Fidelity to Law," Lon L. Fuller (70-76)

"Legality and Justice: A Fictional Case," Carlos Nino (46-49)

Zabella v. Pakel (Beachboard)	On-line Quiz 1 on Hart and Fuller (4 points)

DEADLINE: Monday, 9/28 - 5 am
Monday, September 28* [A-2]

B.	The Validity of Law

"Natural Law Theory" (45-46)

"What Is Law?" Thomas Aquinas (76-78)

"Letter from Birmingham Jail," Martin Luther King, Jr. (78-82)

"The Antelope" (157-59)	Short Paper Assignment posted

On-line Quiz 2 on Natural Law (Aquinas and King) (4 points)

DEADLINE: Tuesday, 10/13 - 5 am
Monday, October 5* [A-3]

"What Is Law?" (15-18)

"Opening Address for the United States,

"Nuremberg Trials," Robert H. Jackson (22-27)

"Nuremberg: A Fair Trial?" Charles E. Wyzanski, Jr. (28-33)

"Trial of Border Guards" (19-22)

"The Problem of the Grudge Informer," Lon Fuller (159-163)

Short Paper due: Beachboard dropbox

DEADLINE: Monday, 10/5 - 6:00 pm

On-line Quiz 3 on readings for 10/5

(4 points)

DEADLINE: Monday, 10/19 - 5 am
Monday, October 12*

STATE BUDGET FURLOUGH DAY: NO CLASS
Monday, October 19* [A-4]

C.	Law and the Judicial Decision

"Modern Theories of Law" (83-86)

"The Path of Law," O.W. Holmes, Jr. (89-95)

"A Realist View of the Law," Jerome Frank (95-99)

"Law as Interpretation" ( 87-89)

"Law as Integrity," Ronald A. Dworkin (111-119)

Riggs v. Palmer (149-152)

Henningsen v. Bloomfield Motors, Inc. (Beachboard)

Midterm exam review	Practice Exam for Midterm posted

On-line Quiz 4 on readings for 10/19

(4 points)

DEADLINE: Tuesday, 11/3 - 5 am
Monday, October 26

IN-CLASS ESSAY EXAM (MID-TERM): 7:15-9:15 pm
Monday, November 2:

STATE BUDGET CAMPUS CLOSURE: NO CLASS
Monday, November 9* [A-5]

II. Legal Responsibility: Responsibility and Causation

"Causation and Liability" (554-559)

"Tracing Consequences," Hart & Honore (569-577)

Gorris v. Scott (Beachboard)

Ryan v. New York Central R. Co. (Beachboard)

Lynch v. Fisher (560-563)

Palsgraf v. The Long Island Railroad Co. (563-568)	Brief one case for 11/9 (4 points)

Gorris, Ryan, Lynch, or Palsgraf

Send in WP format to Beachboard Dropbox

DEADLINE: Monday, 11/9 - 5 am
Monday, November 16* [A-6]

"The Decline of Cause" (559-560)

"The Decline of Cause," Judith Jarvis Thompson (577-684)

Quirke v. City of Harvey (601-604)

Derdiarian v. Felix Contracting Corp. (604-606)

Summers v. Tice (607-609)

Yania v. Bigan (609-611)	Brief one case for 11/16 (4 points)

Quirke, Derdiarian, Summers, Yania

Send in WP format to Beachboard Dropbox

DEADLINE: Monday, 11/16 - 5 am

Monday, November 23

NO CLASS: Thanksgiving week
Monday, November 30* [A-7]

III.	Law and Society: Liberty and Justice

A.	Legal Paternalism

"Law and Morality" (193-196)

"On Liberty," John Stuart Mill (200-202)

"The Enforcement of Morals," Patrick Devlin (202-207)

"Law, Liberty, and Morality," H.L.A. Hart (207-209)

McGowan v. Maryland (Beachboard)

Reynolds v. United States (273-275)

South Florida Free Beaches v. City of Miami, Florida (199)	On-line Quiz 5 on Hart/Honore and Thompson

(Readings for 11/9 and 11/16) (8 points)

DEADLINE: Monday, 11/30 - 5 am

Monday, December 7* [A-8]

B.	Freedom of Expression

"Offense and Artistic Freedom" (196-198)

"A Ride on the Bus," Feinberg (221-223)

Village of Skokie v. National Socialist Party of America (Beachboard)

Cohen v. California (217-220)

Texas v. Johnson (268-271)

Michigan v. Boomer (271-273)

Ashcroft v. The Free Speech Coalition (233-237)	On-line Quiz 6 on Mill, Devlin, Hart (Reading for 11/30) (4 points)

DEADLINE: Monday, 12/7 - 5 am

FINAL EXAM: Monday, December 14: 7:15-9:15 pm

*Attendance point available

State budget campus shut-downs and mandatory furloughs

State budget campus shut-downs and mandatory unpaid faculty furlough days are listed here. The entire campus will be shut-down on the STATE BUDGET CAMPUS CLOSURE DAYS. In addition, each faculty member is required to designate six additional unpaid furlough days, when we are not permitted to be available for class, office hours, or e-mail. These will be different for each faculty member.

•	Monday, August 24: State Budget Faculty Furlough Day

•	Wednesday, August 26: State Budget Faculty Furlough Day

•	Tuesday, September 8: STATE BUDGET CAMPUS CLOSURE DAY

•	Friday, October 9: STATE BUDGET CAMPUS CLOSURE DAY

•	Monday, October 12: State Budget Faculty Furlough Day

•	Monday, November 2: STATE BUDGET CAMPUS CLOSURE DAY

•	Tuesday, November 24: State Budget Faculty Furlough Day

•	Wednesday, December 9: State Budget Faculty Furlough Day

•	Friday, December 18: State Budget Faculty Furlough Day

8/14/2009

subject to change until the first day of class 8/31/2009