PHI/LAW 310: Ethics and Law
Section 50 Spring 2013
Professor: Damion K. Scott
Office: NB. 8.63.29
Phone: (646) 781-5573
Email: dascott@jjay.cuny.edu
Classroom: T-212
Class Hours: Mon, Wed, 12:15-1:30pm
Office Hours: Mon, 2:00-3:00pm
Course Description
This course explores the interconnections (if any) between Moral Philosophy,
Ethics and Law, both via critical historical survey and through the close analysis of
four contemporary ethical/legal issues: (1) abortion, (2) capital punishment, (3) same sex
marriage and (4) (racial, gender, and/or sexual orientation) discrimination. In addition to
exploring some classic and contemporary paradigms of ethical theory, we will apply
these theories in order to understand and evaluate current legal positions on these highly
controversial issues.
This course is designated writing intensive because students will engage with,
analyze, evaluate, interpret, and integrate the interconnection(s) between law and
ethics through writing. Writing assignments will include formal papers, informal
written homework, peer review (work-shopping), and self-reflective writing. The
integration of these writing modes will ensure that students become fluent with the
elements of academic writing, practice the processes and methods commonly used by
effective writers, take ownership of the language and rhetorical strategies they employ,
develop a working knowledge of the structures and mechanics of standard English,
and experience a variety of writing tasks and scenarios. Engaging in these types of
linguistic and rhetorical activities will broaden the scope of their reading and writing
abilities as well as enhance their capacity for critical thinking.
Required Texts:
Aristotle Selected Writings (handout John Jay Blackboard)
Dworkin, Ronald Objectivity and Truth, Selected Writings
Hart, H L A The Concept of Law, Selected Writings
Kant, Immanuel Groundwork for the Metaphysics of Morals
King, Martin Luther Letter from a Birmingham Jail 1962
Mill, J S Utilitarianism and selections from on the On Liberty and The Subjection of Women
McGary, Howard Race and Social Justice Blackwell 1999
Nagel, Thomas Mortal Questions Cambridge University Press 1979
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Nietzsche, Friedrich On the Genealogy of Morals
Plato The Trial and Death of Socrates Hackett and Selected writings from the Republic (handout
or John Jay Blackboard)
Singer, Peter Practical Ethics Cambridge University Press 1993
*ALL OTHER ARTICLES AND SELECTIONS WILL BE AVAILABLE ON
BLACKBOARD OR JOHN JAY LIBRARY E-RESERVE
Learning outcomes for PHI 310:
Students successfully completing this course will be able to:
Closely read complicated texts and identify the ethical positions and arguments
appearing in them and/or relevant to them
Formulate an argument in support of or in opposition to a claim
Develop an extended written analysis of an ethical issue in the law
Demonstrate a fairly detailed grounding in ethical positions and arguments
relating to contemporary social issues
Constructively engage with the viewpoints of others about social issues in
critical but friendly conversation
Demonstrate familiarity with both positivist and natural law theories
Formulate an argument for or against a legal position
Course Requirements
Term Paper
Each student will be responsible for one short paper (3 to 5 pages double-spaced, in
length). This term paper should be of an expository, critical, or comparative approach. The exact
paper topics are TBA, as is the due date. This paper ought to demonstrate a command of a topic
that we discuss in class as well as reflect one or more of the target learning outcomes of this
course. The term paper will be 25% of the overall course grade.
Class participation
Course participation consists in maintaining an active presence throughout the course. I
expect each student to ask questions and be prepared to answer questions that I might have for
you. This course will involve frequent seminar-style discussions, where students will be
expected to have completed the assigned reading for that day, and to engage the instructor and
each other in discussion. Make no mistake, in order to do well in this class you must ask
questions and make comments in class meeting. Therefor attendance is very important, for if
you are not in class, you can neither contribute to, nor benefit from, the class discussion. Please
note that regular unexcused absences will negatively affect your grade. Lastly, you will be graded
on the quality, not necessarily the quantity, of your class participation. Class participation will
be 25% of the overall course grade.
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Two Examinations (each 25 %) of total grade.
There will be two exams given for the course; one midterm exam and one final exam.
Both exams will consist of some combination of short answer, and essay questions. Each
examination will cover all of the course material presented in the course up to the point at which
the examination is administered. Questions will be drawn from any assigned readings, lectures, or
discussions that take place in the course up to that point. Students will have one class period in
which to complete the examinations. The final exam will be given at the time and place
designated by the college. Students will have the entire allotment of time to complete the exam.
So, the overall grade breakdown for the course is as follows:
Class Participation
First Exam
Term Paper
Final Exam
100 points
100 points
100 points
100 points
25 %
25 %
25 %
25 %
Total
400 points
100 %
Policies regarding late work and missed exams
Unless otherwise specified, all work is due at the beginning of class on the due date
indicated in this syllabus or as instructed during the course of the semester. If you are unable to
turn in an assignment when it is due, you must provide acceptable documentation such as a
doctor's written confirmation that you were too ill to complete the work on time, or a written
confirmation that a family emergency had you engaged in such a way that completion or
attendance was impossible, or some other justification for why you were unable to turn in the
assignment when it was due. Absences required by the athletic department and other college
related extra-curricular activities reasons must be cleared ahead of time, with appropriate plans
made with me for completing any assignments due on that date. Unless otherwise stated, all late
work will be penalized 10 points (one letter grade) for each class meeting it is late.
Policy on academic honesty
It is my sincere hope that we make it through the entire semester, and that each of you
make it throughout your entire academic and professional careers without being academically
dishonest. I will be clear upfront about the expectations and requirements of both the college and
myself. I require that all written work be your own. If you use someone else’s words or ideas,
these sources MUST be appropriately cited. This includes both VERBATUM copying as well as
PARAPHRASING another person's ideas. When presenting another’s ideas provide some form
of citation (and make sure to use quotation marks when appropriate. I am not strict on the
formalities of style – whether it be MLA style, APA style or some other version – as long as I can
find where your citation is from). If it is not clear to you what counts as plagiarism, it is your
responsibility to seek clarification from me beforehand. My policy is simple: if there is
conclusive evidence that you have plagiarized (by claiming any other person's work as your own
– even so much as a single phrase or sentence) You will be referred to the office of the Vice
President for Student Development and your case will be handled under the Student
Disciplinary Procedures in Article 15 of the Bylaws of the CUNY Board of Trustees, copies of
which are available in the Library.
John Jay College’s policy on plagiarism and cheating can be found at the following address:
http://doit.jjay.cuny.edu/jjcemail/
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It reads as follows:
College Policy on Plagiarism and Cheating:
Plagiarism is the presentation of someone else's ideas, words, or artistic, scientific, or
technical work as one's own creation. Using the ideas or work of another is permissible only
when the original author is identified. Paraphrasing and summarizing, as well as direct quotations,
require citations to the original source. Plagiarism may be intentional or unintentional. Lack of
dishonest intent does not necessarily absolve a student of responsibility for plagiarism. It is
the student's responsibility to recognize the difference between statements that are common
knowledge (which do not require documentation) and restatements of the ideas of others.
Paraphrasing, summarizing, and direct quotation are acceptable forms of restatement, as long as
the source is cited. Students who are unsure how and when to provide documentation are advised
to consult with their instructors. The Library has free guides designed to help students with
problems of documentation.
Students are prohibited from using books, notes, and other reference materials during
examinations except as specifically authorized by the instructor. Students may not copy other
students' examination papers, have others take examinations for them, substitute examination
booklets, submit papers written by others, or engage in other forms of academic dishonesty.
Reading Schedule
I will try my best to stick to the schedule below, but it is tentative and may be modified
during the course of the semester. As it stands, we have a lot of material to cover, and in an
attempt to make the course sensitive to the interests of the students, I want to leave us the
flexibility to make alterations to the syllabus. We may wish to spend more or less time than I
have scheduled on some of the issues we confront in the course. Ultimately, the decision about
what to include or not include, and how much time we will spend on any topic or figure that
we cover in class will rest with the professor.
WEEK ONE:
JANUARY
28
MON Class Introduction, Overview
30
WED Plato ‘Euthphyro’
FEBRUARY
WEEK TWO:
4
MON Plato ‘Euthyphro’ ‘Apology’
6
WED Plato, ‘Apology’‘Crito’, King ‘Letter from a Birmingham Jail’
WEEK THREE:
11
MON Plato, ‘Apology’ selection from the ‘Republic’,
13
WED Aristotle, selection from ‘The Nicomachean Ethics’, Aquinas, "Natural Law"
WEEK FOUR:
18
MON *College is closed - no classes scheduled*
20
WED (Monday Schedule) Kant ‘The Categorical Imperative’
4
WEEK FIVE:
25
MON Nietzsche ‘The Genealogy of Morals’
27
WED Mill, "Utilitarianism "
MARCH
WEEK SIX:
4
MON Hart, Legal Positivism
6
WED ‘Roe vs. Wade’, Shea ‘Ensoulment and IVF Embryos’
WEEK SEVEN:
11
MON Kamm reading on Reproductive TBA
13
WED Readings on Modern Natural Law Theory, ‘Marbury vs Madison’
WEEK EIGHT:
18
MON Review
20
WED *MIDTERM EXAM*
SPRING BREAK: MARCH 25 – APRIL 2
WEEK NINE:
APRIL
3
WED Readings on Same Sex Marriage, ‘Hollingsworth v. Perry (a.k.a the Prop 8
case), the court could hand down a narrow ruling that only applies to California. In
Windsor v. the United States
WEEK TEN:
8
MON Nagel ‘Sexual Perversion’, Readings on Polygamy
10
WED Nagel ‘Equality and Partiality’
WEEK ELEVEN:
15
MON Nagel ‘Equality and Partiality’
17
WED Hart, Readings TBA
WEEK TWELVE:
22
MON ‘Plessey vs. Ferguson’
24
WED Dworkin, Readings TBA
WEEK THIRTEEN:
29
MON ‘Dred Scott vs. Sanford’, McGary ‘Reparations, Self-respect, and Public Policy’
5
MAY
1
WED McGary ‘Racism, Social Justice, and Interracial Coalitions’, Brown vs Board of
Education, Malcolm X ‘The End of White Racist World Supremacy’
WEEK FOURTEEN:
6
MON ‘Gregg vs Georgia’, Singer ‘Taking Life: Animals’ and ’Taking Life: Humans’
8
WED Gelernter, "What Do Murderers Deserve?"
WEEK FIFTEEN:
13
MON Nagel ‘The Problem of Global Justice’
15
WED Review
WEEK SIXTEEN
20
MON Final Exam
6