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Advanced Issues in Philosophy of Law Spring
2001 Details:
Since you have satisfied the prerequisites for this class, I’ll dispense with
the “surgeon general’s warning” and other trivialities.
You also know that it’s a course in jurisprudence from roughly Aquinas
to the present. Requirements:
Two major papers as indicated on the syllabus, and the usual weekly one-page
analytic essays. Also, contribution
to the seminar’s discussion (and thus regular attendance) will be
non-optional. Grading: 25% for 1st
paper, 50% for 2nd paper, and 25% for seminar participation. (Tentative)
Class Schedule Dates
Assigned Readings 16-18 Jan.
Aquinas, Austin 23-25 Jan.
Austin, Kelsen 30 Jan., 1 Feb.
Ross, Gray 6-8 Feb.
Hart, The Concept of Law, Ch.
1, 2, 3 13-15 Feb.
Hart, CL, Ch. 4, 7
20-22 Feb.
Hart, CL, Ch. 5, 6 27 Feb, 1 Mar.
Hart, CL, Ch. 8, 9 6-8 Mar,
Hart, Positivism and the Separation of Law and Morals
Dworkin, The Model of Rules I 13-15 Mar.
Dworkin, Hard Cases
Sartorius, Social Policy and Judicial Legislation
First Paper Due 15 Mar.
27 Mar.
Ten, The Soundest Theory of Law
3-5 April
Coleman, Negative and Positive Positivism Altman,
Legal Realism, Critical Legal Studies and Dworkin 10-12
April
Coleman, Law and Economics 17-19
April
Posner, Economic Analysis of the Law
Posner, Utilitarianism, Economics and Social Theory 24-26
April
Kelman, Misunderstanding Social Life: . . .
Baker, The Ideology of the Economic Analysis of the Law 1
May Kronman,
Wealth Maximization as a Normative Principle Final Paper Due: 4:00 P.M., Monday, 7 May in 215 Reed Hall |