SYLLABUS PHILOSOPHY 330
Philosophy 330
Theories of Law
Syllabus
Fall, 2009
Classoom: VKC 256
Meeting times: Tues/Thurs 11-12::20
Instructor: Gary Watson
Office: Law School 304B
Office Hours: Tuesday: 1:30-3:00; Thurs. 1-2
& by appointment
Office Phone #: 09046
Email: glwatson@usc.edu
Course requirements:
Your grade will be based on your performance in the following three categories: (i)
Participation and written responses to assigned reading questions. (ii) Two five page
essays (due in the 7th and 13th weeks. (iii) A final exam. The essays and exam will be
30% each; the remainder of the grade will be based on (i). You will receive an A on this
component of the course if you come to class regularly and turn in twelve satisfactory
reading question assignments on time.
Plagiarism and academic dishonesty—the use of others’ work without full
acknowledgement and citation—is intolerable in the academic community. Suspected
plagiarism will be referred to the Office of Student Judicial Affairs. If you have questions
about what counts as Academic Dishonesty, please see me or refer to
http://www.usc.edu/libraries/about/reference/tutorials/academic_integrity/index.php.
Schedule of Topics and Readings
(Unless otherwise noted, all page references are to be found in the Adams text)
Week 1
Aug. 25 Introductions
Aug. 27 Law and the State of Nature: Adams, 3-14; Locke Law and Political
Power (Blackboard)
Week 2 Authority and Jurisdiction
Sept. 1 Adams, 15-18; Nuremberg, A Fair Trial? 22-33
Sept. 3 Film: excerpt from “Judgment at Nuremberg”
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SYLLABUS PHILOSOPHY 330
THE NATURE AND INTERPRETATION OF LAW
Week 3 Natural Law and Positive Law
Sept. 8 Aquinas (in Adams, 76-8); John Austin (in Adams, 49-54)
Sept. 10 H.L.A. Hart, in Adams 61-70; ML King Jr.78-82. [recommended, Nino
(in Adams, 46-9)]
Week 4 Legal Positivism (cont.)
Sept. 15 Lon Fuller, in Adams 70-60.
Sept. 17 John Finnis, “Natural Law Theories,”
http://plato.stanford.edu/entries/natural-law-theories. [Further Reading: Andre
Marmor, “The Nature of Law”, http://plato.stanford.edu/entries/lawphil-nature;
Leslie Green, “Legal Positivism”, http://plato.stanford.edu/entries/legalpositivism.]
Week 5 Legal realism
Sept. 22 Adams, 83-89, Holmes, 89-95; Frank, 95-99
Sept. 24 No class
Week 6 Skepticism
Sept 29 Critical Legal Theory, Tushnet, 99-105; Altman, 105-110
Oct. 1 TBA
Week 7 Law as Integrity First Essay Due
Oct. 6 The third theory of law. Dworkin, 111-119
Oct. 8 Riggs v. Palmer; 149-52; The Antelope, 157-59.
Week 8 Issues of Interpretation
Oct. 13 Adams, 164-72; Smith v. U.S, 172-175; Church of the Holy Trinity, 176178.
Oct. 15 Scalia, 179-84; Dworkin; 184-88.; Bork, 188-191
EQUALITY AND DISCRIMINATION
Week 9 Equality and Race
Oct. 20 Adams, 276-79; Legal Cases: Dred Scott; Plessy v. Ferguson; Brown v.
Board of Education (links on Blackboard).
Oct. 22 Zack, What is Race? 295-300; Malcolm X, “The Ballot or the Bullet”
(0n-line)
Week 10 Equality, Sufferage, and Citizenship
Oct. 27 The Citizenship cases: US v. Azawa; in re Thind (links on Blackboard)
Oct. 29 Seneca Falls Declaration (on-line)
Week 11 Gender and sexual orientation, and intersectionality
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SYLLABUS PHILOSOPHY 330
Nov. 3 Loving v. Virginia 370-72; Baeher v. Lewin 319-322; California
Propostion 8; Sunstein, 322-326.
Nov. 5 Minow, 327-332; Wasserstrom, 332-338;
RESPONSIBILITY FOR CRIME, LIABILITY FOR HARM
Week 12 Crime and Punishment
Nov. 10 Adams, 384-390; Anthony Duff, “Theories of Criminal law”,
http://plato.stanford.edu/entries/criminal-law;Jeremy Bentham, 452-56
Nov. 12; Hart, 461-64; Michael Moore, 456-61
Week 13 Justification and Exuse Second Essay Due
Nov. 17 Adams, 406-414; State v. Leidholm, 421-423; Rosen, The Battered
Woman’s Defense, 423-30
Nov. 19 State v. Cameron, 430-433; the McNaughton Rules (On-line); Morris,
433-437; Morse, 437-40; Dolinko, 449-452; (add further cases: punishing
animals?)
Week 14 Fault and Liability
Nov. 24 Adams, 517-524; Holmes, 528-533; Coleman, 539-49 [Further reading:
http://plato.stanford.edu/entries/tort-theories.]
Nov. 26 Thanksgiving Holiday
Week 15 Cause and Liability
Dec. 1 Summers v. Tice, 607-09; Palsgraf v. LIR, 563-68; Adams, 554-560; Hart
and Honore, 569-577; Thomson, 577-85.
Dec 3 no class
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