Essentials of Jurisprudence/ Jurisprudence

JURI 300_01

Fall 2008

University Hall 3050

Textbooks =

  1. All reading and written assignments must be completed prior to the class in which they are due.
  2. Attendance is mandatory. Students are responsible for keeping current with the assignments. The professor is not responsible for keeping students current.
  3. Class participation is encouraged and will be rewarded academically.
  4. All assignments must be each student's workproduct.
  5. Readings will be from the text, cyberspace, or handouts.
  6. Graduate students will have more rigorous assignments and grading.
Midterm Examination 40%
Final Examination 40%
Classroom Participation 10%
Assignments 10%

 DATE  READINGS  YOUR TASKS  ASSIGNMENTS & NOTES
 09.04.08  Legal Padawan- Introduction to Jurisprudence: concepts, history, and development. Think about whether it is ever defensible to eat a human being. W: Introduction

 09.09.08

09.11.08

The nature of law, the meaning of law, the meaning of words: "...came whiffling through the tulgey wood and burbled as it came...", Think about "How do words define our world and especially the law".  
 09.16.08 You make me feel like a natural philsopher; Lifeboat ethics from the natural point of view, and why jurisprudence. Think about whether there are universal truths. W: Ch1
 09.18.08 Natural Law: You make me feel... like a natural philosopher.... How do we know right from wrong? W: Ch1
 09.25.08 Doing it the old fashioned way: Legal Postivism The Morality of Law: Relativism vs. absolutism. "The law is what the judges say it is". Think about whether a laws are always correct. W: Ch2
 09.30.08 Hobbes, Locke, Rousseau, and Finnis Do we have the right to disobey bad laws? W: Ch2
 10.02.08

Modern legal positivism: "But officer, the bartender told me it was non-alcoholic beer".;

Is law merely regulation of human behavior in a society to maintain order. W: Ch3
 10.07.08 Bentham and Austin; "The Law said the judge as he looked down his nose...". How does Bentham compare with Austin? W: Ch3
 10.14.08 The modern approach to legal positivism Updating Bentham: did he go too far? W: Ch4
 10.16.08 Hart, Kelsen, and Raz Compare the three philosophers of law W: Ch4
10.21.08 Law as interpretation: Assault on the bastion of positivism   W: Ch5
10.23.08 Law as: Dworkin Is Dworkin's approach radical compared to the other theorists who we have read? W: Ch5
10.28.08 Morality as myth and hard reality Is there a distinction between law and morality? Why or why not? W: Ch6
10.30.08 How judges decide cases really. What is the duty of a judge beyond applying the law correctly? W: Ch6
11.04.08 The Realists Isn't realism an obvious and necessary part of deciding cases? W: Ch7; D: Start
11.06.08 MIDTERM EXAMINATION    
11.11.08 Finish Americana - Holmes, Llewelyn, Frank; Scandanavia: Roass, Oivercrona. Human Psychology weighs in and Social theory in law Is law casuistic? Should social theory influence legal decisions W: Finish Ch 7,Ch8
 11.13.08 Pound, Ehrlich, Durkheim, Weber, Marx, Foucault, Habermas What is "autopoiesis? W: Ch8
11.18.08 Theories of Justice: economic models and utlititarianism What is justice? Prove it!!! W: Ch9; D: Finish
11.20.08 Nozick and Rawls Justice as fairness W: Ch9
11.25.08 Rights theories: Animal, vegetable, mineral Do animals have rights? W: Ch10
12.02.08 Applications in contract and civil rights Why don't I have the right to yell fire in a crowded theater?

W: Ch10

12.04.08 The Feminists and Critical Race Theory Are the fems and the racialists in the same camp?

W: Ch11

12.09.08 Postmodernism and critical theory If it feels good it must be right? W: Ch11
12.11.08 Critical Legal Theory: Not dead yet Does Wacks write a premature obituary for CLS? W: Ch12
  FINAL EXAM 3:15 PM