Instructor: Dr. Daniel W. Skubik, PhD JD
Office: J266 / Office Hours per schedule
Tel: 951.343.4288 / Fax: 951.343.4520
Web: http://www.calbaptist.edu/dskubik
E-Mail: dskubik@calbaptist.edu
Philosophy of Law
POL 400
Tuesdays/Thursdays, 2:00-3:20PM
Fall
Semester, 2008
Course Description
This course in the
Philosophy of Law explores the philosophical, social historical,
and political aspects of the law and legal systems. Key questions include,
“what is law?” and “do we have an obligation to obey the law?” Recurrent themes
include the relationship between law and morals, legal reasoning and logic, and
the relationship between law and liberty. Legal cases, as well as legal and philosophical
readings, will be utilized, in spirited socratic-seminar
format.
The course is open to all students able and willing to
engage in intense upper division study, and can be used to fulfill political
science or philosophy (with variance) major or minor upper division unit
requirements, or general education requirements.
Course Objectives
By the end of this course,
students should be able to:
1)
Analyze and
critique the concepts “law” and “legal system”
2)
Analyze and
discuss the relationships between law and morality, and law and liberty
3)
Analyze and reach
personal positions on key issues concerning civil disobedience to law and
justifications of punishment in a constitutional democracy
Required Text
Susan Dimock, Classic
Other books,
handouts and websites also may be referenced throughout the term, contents of
which all students will be responsible.
Readings & Assignments Schedule
|
Week #1 |
Introduction to course, requirements and
expectations / Intro to philosophy of law |
|
Week #2 |
What is Law? |
|
Week #3 |
What is Law? |
|
Week #4 |
What is Law? |
|
Week #5 |
Law & Morals |
|
Week #6 |
Law & Morals |
|
Week #7 |
No face-to-face class meetings this week |
|
Week #8 |
Midterms Week |
|
Week #9 |
Obligation to Obey? |
|
Week #10 |
Law & Liberty |
|
Week #11 |
Law & Liberty
Paper #3, due 11/14 |
|
Week # 12 |
20th – Punishment: Bentham – Utility
(529-540) + Gregg (612-620) |
|
Week #13 |
25th – Punishment: Kant –
Retributivism I (541-546) + McCleskey (620-631) |
|
Week #14 |
Punishment: Morris & Hampton –
Retributivism II & III (547-570) |
|
Week #15 |
Review for Final Examination
Paper #4, due 12/12 |
|
|
|
Assessment & Grading Scale
|
Midterm Exam = 30% |
90 - 100 = A range (90-94 = A-) |
|
Final Exam = 30% |
80 - 89 = B range (80-83 = B-
/ 87-89 = B+) |
|
Papers = 30% (3 @ 10% each) |
70 - 79 = C range (70-73 = C-
/ 77-79 = C+) |
|
Participation = 10% |
60 - 69 = D range (60-63 = D-
/ 67-69 = D+) |
|
|
0 - 59 = F |
Papers
There
are four sets of paper topics (#1 = what is law?; #2 =
law and morals; #3 = law and liberty; and #4 = punishment), from which you
should choose to write any three. Each of the three papers will be worth 10%
towards your final grade for the course, for a total of 30%.
For
each topic, write a paper (~1500 words) addressing the theme by analyzing any
one (or more) of the cases at the end of the appropriate section that we have not discussed together in class, using
the materials read and discussed in class related to that key concern. (For
example: illustrate the value of a feminist jurisprudential approach to law by
analyzing and discussing Kowalski.)
Each
paper is due to the Assignments section on Blackboard no later than 11:59PM on
the date set in the schedule. Late papers will not be accepted for marking.
Midterm and Final Examinations
An
oral midterm examination will be given, date to be agreed by the class in
consultation with the instructor. An oral final examination will be given at
the end of the term, per the University schedule. The exams are not
comprehensive, but cover all materials and discussions assigned for their
respective periods. Both exams are closed book/closed notes.
You may form groups of 2 or 3
for each of these exams, or elect to respond individually. But once you
designate a mode for answering questions for an exam, there is no alteration
permitted. If you are part of a group, all will share the same mark. Make-ups
will be allowed and scheduled only under extraordinary circumstances.
Participation
Although speaking in class, publicly putting and
defending a position or interpretation, can be daunting, you are strongly
encouraged to learn to think through your own and others’ experiences and
insights within the context of our discussions. In this context, you are not
being evaluated for reaching “right” conclusions, but for demonstrating your
facility in forming arguments for any conclusions put, given the material we
will cover in class.
To give direct incentive to
so engage, 10% of your mark for the course will be comprised of my assessment
of your classroom participation during the semester. Participation is to
include in-class discussions during the semester, and does not include attendance.
Both because of the nature
of the course and its content, and the teamwork required to complete assigned
assessment items like quizzes, attendance is expected, with a simple threshold
requirement: we have 25 scheduled class sessions, and you are expected to
attend at least 19 class sessions (~75%). Should you miss more than 6 class
sessions, you must speak with me before you will be permitted to complete the
course.
CBU Statement on Academic Dishonesty
Faculty in the College of Arts & Sciences (CAS) have been asked to include the following statement in all
our syllabi. Do speak with your instructor if at any time you have questions or
concerns about this statement and its meaning for or application in your
classes.
Academic dishonesty (cheating, plagiarism, copying,
and other forms) will be reported to the Dean of Students. Judicial sanctions
for offense are handled on a case-by-case basis depending on the seriousness of
the violation, prior violations and other factors. Judicial sanctions may
include, but are not limited to, loss of a letter grade or failure in the
course in which the offense occurred, suspension, and/or dismissal from the
University. A detailed discussion of academic dishonesty is located in the Student
Handbook.
Source: 2008-2009 Undergraduate University Catalog, at
p.51
Caveat
This syllabus schedule is
composed in good faith, with a schedule of readings and assignments that will
guide us throughout the term. Still, the instructor reserves the right to make
adjustments to this schedule as deemed necessary for the overall enterprise of
the course. Any changes will be communicated as far in advance as feasible, and
you are responsible for knowing if and when any changes have been made.