1 SPRING 2013: INTRODUCTION TO FICTION: LITERATURE & LAW (ENG 201 B2; PLS 295 C2 & IDS 301 C2) TIME & ROOM: MWF 10-10:50 in HH 110 DURATION: 1/15/2013 - 5/8/2013 Instructors: Dr. Olivia Archibald: http://homepages.stmartin.edu/fac_staff/oarchibald/index.htm Office: O’Grady Library U3 Of hours Mondays and Wednesdays 1-3 pm; Fridays, 11-noon. Phone: 438-4357 (always best to email) Email: oarchibald@stmartin.edu Shawn Newman, JD: http://homepages.stmartin.edu/fac_staff/snewman/ Email: snewman@stmartin.edu Marianne Newman, marianne@newmanlaw.us DESCRIPTION & CONTEXT: This course focuses on the broad theme of “Literature and Law” to explore topics in short fiction and novels that arise out of the search for social justice and the nature of law. Class readings, lectures, discussions, workshops, debates, and other class activities are organized around issues of law, morality, “truth,” and “The Search for Justice.” The law and literature movement is an emerging interdisciplinary field of study. It focuses on the interdisciplinary connection between law and literature, a connection rooted in two major developments in the intellectual history of law: 1) the growing doubt about whether law in isolation is a source of value and meaning, or whether it must be plugged into a large cultural or philosophical or social-science context to give it value and meaning; and 2) the growing focus on the mutability of meaning in all texts, whether literary or legal. As a student in this course, you will take four exams, write two papers (three papers if IDS student), and participate in one of four debates. Attendance at all classes is expected. PREREQUISITES: ENG 101, ENG 102. GEN ED CREDIT: Available only if enrolled in course as an ENG 201 student. REQUIRED TEXTS AND RESOURCES: Law and Literature: Legal Themes in Short Stories. Editor Elizabeth Villiers Gemmette The Stranger. Albert Camus. To Kill a Mockingbird. Harper Lee. IN ADDITION: Use SMU E-mail address [We will frequently send course information and articles of interest via e-mail] See Moodle weekly assignments . 2 GOALS: Literature and Law is designed to enable students to become more critical readers of literary texts and literary themes through the lens of legal issues, with the following goals in mind: 1. Students will hone skills in reading and interpreting fiction as represented in the genres of the short story and the novel via reading assignments, papers, debates, discussions, exams, and lectures. 2. Students will develop an understanding of the nature of law and social justice through the prisms of literature and legal issues via reading assignments, papers, debates, discussions, lectures, exams, and a field trip. 3. Students will hone skills in understanding elements of fiction as represented in the short story and novel genres through reading assignments, papers, debates, discussions, exams, and lectures. 4. Students will be introduced to legal and moral themes, issues, and documents as represented in the short story and novel through fiction and law-related reading assignments, papers, debates, discussions, exams, and lectures. 5. Students will develop historical, intellectual, and social-political understandings of our social world and the human condition and cultivate an importance of our university’s emphasis of honoring the sacredness of the individual -- through our course foci on existentialism, 19th century America, early 20th century race relations, contemporary moral/legal/social issues, and other historical and intellectual periods and issues as represented in the texts students are assigned and through the activities of papers, debates, exams, discussions, and lectures. 6. Students will hone skills in writing interpretative arguments about literature and researching/writing a law-related memo through the following assignments: a) an argumentative paper of literary interpretation/analysis; b) a law memo based on the activities of researching and writing about a legal issue related to course readings. 7. Students will hone skills in oral discussions of literary interpretation, legal issues, and oral argument via class discussions and participation in one of four debates during the semester. 8. Students will develop skills researching and writing legal memos via activities that include reading about the legal memo, researching legal issues, participating in a writing workshop, and writing a legal memo. 9. Students will learn skills in basics of debate techniques and rules of conduct through participation in one debate and observation/evaluation of three debates. 10. Students will cultivate an understanding of the significance of community in the processes of learning, “becoming,” and all life enterprises through class discussions, small group work, a writing workshop, and the debate project. 11. Students will hone the skills of working in a community of learners through class discussions, small group work, a writing workshop, and the debate project. 12. Students will develop a lifelong love of learning and accomplishment in all arenas of human endeavor, including a love of reading about literature, law, and the human condition while living a life of faith, reason, and service. 3 EXPECTATIONS: Attendance. Attendance will be taken at every class. You are expected to attend each class and come to class on time. Repeated absence and/or excessive lateness will affect the Daily Work grade in this course. Excessive absences (more than 5) will result in failing the course. Students’ final grade for the course can be no higher than a C with 4 absences; no higher than D with 5 absences; no higher than F with 6 or more absences. It is important to realize that missing class will affect your course grade. A total of 20% of your grade is based on daily activities we do. If you are not in class, you have failed to do that class’s activity. We will take attendance each meeting; we mark unexcused absences as a zero for the day. The easiest way to fail the course is not to attend class. Class Preparation. You should come to class with all assignments carefully read and be prepared to actively engage yourself in all class activities. These activities include thinking, listening, speaking, and writing involving such projects as individual writing activities, small group work, and large group discussion. Due Dates and Exam Days. You are expected to honor all due dates for reading, writing, and debate assignments. Late papers will be severely penalized (YOU NEED TO GET THEM IN TO US ON TIME). We discourage missing exam day(s) so much, we deliberately create much more difficult make-up exams. Please keep this important information in mind throughout the semester. Writing Assignments and exams. Writing assignments will include two papers, a literary interpretation/analysis paper and a legal memo. Failure to do one or both of these assignments means failure of the course. Four exams will be given. To pass the course, all exams must be completed and, when averaged, represent the overall score of at least 60%. IDS Students. IDS students receive upper division credit for this course. Additional expectations for IDS students include the following activities: 1) taking on a leadership role as coordinator of four debates throughout the semester; and 2) writing a brief reflection paper at the end of the semester on how the disciplines of literature and law define/present “knowledge” based on your experiences and insights in the course (paper must be posted in Moodle by 9:50 am, Apr. 29; more specifics TBA). Oral debates. All students are required to participate in one of four debates that students will be assigned during the semester. Students who do not participate in a debate on the day they are assigned will receive a final course grade no higher than a “C” for the semester. Academic Honesty. The Saint Martin’s Student Handbook defines “academic dishonesty” to include “cheating and plagiarism.” Sanctions and procedures are set forth in the Handbook as well. http://www.stmartin.edu/studentservices/pdf/studenthandbook.pdf, p. 88+. Written classroom assignments must be your original work or properly cited sources. Acts of academic dishonesty, plagiarism and cheating are considered unethical actions and a violation of university’s academic policy and can result in your expulsion from SMU. All work must be original (your own) and, when needed, properly documented. Even though you will occasionally work in groups on writing activities with other class members, we expect all essays and other written assignments to be the product of your own work, unless otherwise stated. Research sources must be properly cited 4 following documentation criteria established in the course. This class abides with the university’s policy on plagiarism as detailed in the university’s Student Handbook. If you plagiarize, you will receive an F on the assignment, you may receive an F for the course, and the college may take disciplinary action against you. Writing Center. Although not a requirement, you should plan to visit the university’s Writing Center for additional suggestions on drafts prior to final revision. ENG 201/PLS 295 EVALUATION CRITERIA 4 Exams = 40% 2 Papers = 30% (one paper will be a legal memorandum) 1 Debate = 10% Class Participation = 20% IDS 301 EVALUATION CRITERIA 4 Exams = 40% 2 Papers = 30% (one paper will be a legal memorandum) 1 Debate = 10% Class Participation, Debate Leadership Role, & Reflection Paper = 20% Class participation includes: responding when called on as well as gratuitous participation in class discussion, and raising helpful and provocative questions and comments. Evaluation criteria for Paper # 1 (literary interpretation/argument of an assigned short story; five pages in length.) Example of such a paper and other assignment specifics will be given in a handout when assignment is made Feb. 22. Assignment is due as a paper document handed to Dr. Archibald and Professor Newman at the beginning of class March 20. No electronic submissions; no email; no Moodle posting. Late papers will be severely penalized.) “A” papers will be of impressive quality and demonstrate thorough, thoughtful analysis and assignment interpretation. The quality of the ideas in the paper is truly outstanding. The paper evidences an excellent command of standard academic conventions and legal terminology. You have been successful in meeting the due date for the paper. “B” papers will be of impressive quality and demonstrate thorough analysis and good assignment interpretation. The quality of the ideas in the paper is good. “B” papers evidence at least a good command of standard academic conventions and legal terminology. You have been successful in meeting the due date for the paper. “C” papers have interpreted the assignment correctly and are of adequate quality. They demonstrate attention to the assignment but don’t go beyond it in any substantive way. “C” papers evidence at least an adequate command of standard academic conventions and legal terminology. 5 “D” and “F” papers evidence inadequate attention to ideas, to specifics of the assignment, and/or to standard academic conventions. (Failure to complete one or more of the two course papers means failure of the course.) Evaluation criteria for Paper # 2 (a legal memorandum that will require research; six pages in length; with at least seven primary and secondary sources.) Memo will be based on one of the four debate themes and be written in the following sections: Issue, Answer, Analysis, and Conclusion, with references cited as footnotes. More specifics of assignment and example of a legal memo will be announced when assignment is given on Mar. 25. First draft due to share with writing group on Apr. 12; second draft due as a Moodle posting by 9:50 am on April 17; final draft due as a Moodle posting by May 1. No email submissions; no paper submissions. Late papers will be severely penalized. “A” memos will be of impressive quality and demonstrate thorough, thoughtful analysis and assignment interpretation. The quality of the ideas in the memo is truly outstanding. The memo evidences an excellent command of standard academic conventions, and legal terminology. Paper format, sources, and documentation meet the requirements of the assignment. You have been successful in meeting both due dates with a complete first draft and revised final draft. “B” memos will be of impressive quality and demonstrate thorough analysis and good assignment interpretation. The quality of the ideas in the memo is good. “B” memos evidence at least a good command of standard academic conventions and legal terminology. Paper format, sources, and documentation meet the requirements of the assignment. You have been successful in meeting both due dates, attended the scheduled workshop with a complete draft, and offered helpful comments to group members on the workshop’s reader response forms. “C” memos have interpreted the assignment correctly and are of adequate quality. They demonstrate attention to the assignment but don’t go beyond it in any substantive way. “C” memos evidence at least an adequate command of standard academic conventions and legal terminology. Paper format, sources, and documentation, for the most part, meet the requirements of the assignment. You have generally been successful in meeting both due dates, attended the scheduled workshop with a complete draft, and offered helpful comments to group members on the workshop’s reader response forms. “D” and “F” memos evidence inadequate attention to ideas, to specifics of each assignment, and/or to standard academic conventions. (Failure to complete one or more of the two course papers means failure of the course.) Evaluation criteria for debates. In order to deepen students’ understanding of legal issues presented in several assigned short stories and novels, students will be involved in debates, both as participant and as audience member. Alongside this objective, we hope that the course debates will hone oral skills, deepen understanding of targeted legal and social justice issues, and introduce at least an understanding of the debate format. Each student will be assigned to a debate team, participate in one debate, and observe three debates during the semester. Each of the four teams will be assigned a specific topic for the debate and a specific date. Days for debates are Feb. 11, Mar. 8, Apr. 3, and Apr. 26. Specific debate topics are given in the assignment section of the syllabus under each of the debate days. Dates for debates are firm –absence excused only with Doctor’s Excuse of illness. Evaluation of each student as a team member in debates will occur in two ways: 50% = Team members’ evaluation of each other. Each team member will rank all group members in his/her team based on 1) efforts to plan and prepare for the debate; and 2) the team members’ 6 abilities to work in the community of a small group. This form will be available as a Moodle post by the second week of the semester. 50% = Audience evaluation Audience evaluation of team members will be based on 1) substance of arguments and number of examples given from stories read and legal issues discussed; 2) organization of material presented; and 3) presentation skills. The evaluation form used by audience members will be available as a Moodle post by the second week of the semester. REMINDER - Students who do not participate in a debate on the day they are assigned will receive a final course grade no higher than a “C” for the semester. REMINDER - Dates for debates are firm --absence is only excused with a Doctor’s Excuse of illness. Students on sports teams should give us the name of their coaches by the end of the first week so coaches can be made aware of this course requirement and confer with us to determine the day of your debate; missing for sports will not be treated as an excused absence when you are scheduled for a debate. Evaluation criteria for each of the four exams Four exams will be given. To pass the course, all exams must be completed and, when averaged, represent the overall score of at least 60%. 93-100 = A 90-93 = A- 87-90 = B+ 83-87 = B 80-83 = B- 77-80 = C+ 73-77 = C 70-73 = C- 67-70 =D+ 63-67 = D 60-63 = D-60 = F STATEMENT TO STUDENTS WITH DISABILITIES: Students wishing to request appropriate accommodations are responsible for initiating contact with the Office of Disability Support Services. The office will access the individual needs of each student, assist him or her in communicating those needs to faculty and staff and help the student obtain the materials, services, and the assistance necessary to successfully pursue their higher education. See: http://www.stmartin.edu/studentservices/pdf/studenthandbook.pdf, p. 18+. CAUTION: ALL WORK FOR THIS CLASS MUST BE TURNED IN BY THE TIME OF THE CLASS FINAL, 8 AM, MAY 8, TO BE PART OF YOUR FINAL GRADE FOR THIS COURSE. 7 Course syllabus ENG 201; PLS 295; IDS 301 DATE Jan. 16 Introductions FOCUS Jan. 18 (N) Natural, Divine, and Positive Law Spring 2013 ASSIGNMENTS DUE Purchase books. legal readings: Gemmette, Chapter 1, pp. 3-4 Bible, Genesis: 4:1-24 The Story of Cain and Abel Genesis 9:6 The law as explained to Noah. Psalm 19: 7-11 M, Jan. 21 Holiday W, Jan. 23 (A) Elements of the short story and Ambrose Bierce’s story Bierce’s “An Occurrence at Owl Creek Bridge” (posted in Moodle) Jan. 25 (B) Barthelme and Bierce’s “An Occurrence at Owl Creek Bridge” http://www.youtube.com/watch?v=xKlyv3g 5TUE Barthelme “Some of Us Had Been Threatening Our Friend Colby” (in Gemmette) M, Jan. 28 (B) Positive law, Jackson, and Barthelme Jackson’s “The Lottery” (posted on Moodle) Jan. 30 (N) Equality Feb. 1 (A) M, Feb. 4 (B) Vonnegut’s sci fi short stories; Harlem Renaissance and Dunbar Equality, Dunbar, and Vonnegut Legal readings : Gemmette, Chapter 3, pp. 50-52 Matthew 7:12 US Constitution, Art. 14, sec. 1 http://caselaw.lp.findlaw.com/data/constitutio n/amendment14/ 1964 Civil Rights Act(ONLY THE INTRO) http://www.eeoc.gov/laws/statutes/titlevii.cf m Washington’s Law Against Discrimination (RCW 49.60.010: Purpose) http://apps.leg.wa.gov/rcw/default.aspx?cite= 49.60.010 Vonnegut’s “Harrison Bergeron” (in Gemmette) “Dunbar’s “Lynching of Jube Benson” (in Gemmette) TEAM MEETING, DEBATE # 1 Feb. 6 (N) Feb. 8 (A) Standards and Presumptions Naturalism and Jack London Legal readings: Gemmette, Chapter 4, pp. 64-66 London’s “Benefit of the Doubt” (in Gemmette) 8 M, Feb. 11 Feb. 13 DATE Feb. 15 (N) M, Feb. 18 Feb. 20(B) Feb. 22(A) M, Feb.25 (B) DEBATE #1 (DEBATE TOPIC: EQUALITY) Exam # 1 FOCUS Judicial System, Finding the Truth President’s Day (No class) The Jury System, Asimov, and jury nullification Modernism, truth, and the search for identity in “In a Grove” Paper One Assignment Given; due 3/20 Feminism and Glaspell’s “jury” ASSIGNMENTS DUE Legal reading: Gemmette, Part II, pp. 99-100 1 Kings 3:16-28 The True Story Behind "Conviction" http://www.youtube.com/watch?v=fCZ03_s W7VQ&feature=relmfu (Begin reading Asimov’s “Bicentennial Man,” in Gemmette; finish by Feb. 20) THIS IS A LONG NOVELLA (Continue reading Asimov’s “Bicentennial Man,” in Gemmette) Legal: Gemmette, Chapter 6, pp. 111-12 Finish Asimov’s “Bicentennial Man” Akutagawa’s “In a Grove” (in Gemmette) Glaspell’s “A Jury of Her Peers” (in Gemmette) 9 Feb. 27 (N) Trial Lawyers in Action Mar. 1(B) Trial lawyers & Kafka Legal: Gemmette, Chapter 7, pp. 138-140 Law & Order Closing Arguments http://www.youtube.com/watch?v=_kh7GKSQ-c&feature=related Closing Argument: Johnny Cochran http://www.youtube.com/watch?v=cpxN5GT 7Cio&feature=related Kafka’s “The New Advocate” (posted in Moodle) Background for Pickwick Papers Chapter 34 “Bardell vs. Pickwick” TEAM MEETING, DEBATE # 2 DATE M, Mar. 4 (A) FOCUS “Bardell vs. Pickwick” ASSIGNMENTS DUE Pickwick Papers, Chapter 34 Access Chapter 34 through the following ebook website: http://www.dickensliterature.com/The_Pickwick_Papers/ind ex.html Mar. 6 Exam # 2 Mar. 8 DEBATE # 2 (TOPIC: JUDICIAL PROCESS: Juries and Lawyers) (Begin Harper Lee’s To Kill a Mockingbird – finish novel by Monday, March 18) Mar. 11-15 Spring Break (Continue reading Harper Lee’s To Kill a Mockingbird – finish novel by Monday, March 18) Paper #1 due 3/20 M, Mar. 18 (A) Characterization, setting, and To Kill a Mockingbird Mar. 20 (A) Con’t. To Kill a Mockingbird discussion Finish To Kill a Mockingbird Paper # 1 due: Close reading of one of our assigned short stories, using an element of the short story as your focus. Due at the beginning of class. No email or Moodle postings of assignment accepted. 10 DATE M., Mar. 22 (N) Mar. 25 (B) FOCUS Theories of Punishment Theories of Punishment, crimes of passion ASSIGNMENTS DUE Legal reading: Gemmette, Chapter 9, pp. 189-191 Lon L. Fuller, Speluncean Explorers: In the Supreme Court of Newgarth, 4300 http://www.nullapoena.de/stud/explorers.html (Harvard Law Review, 1949) Tolstoy’s “Too Dear” (in Gemmette) Writing a legal memo-- handout of assignment and example of legal memo Mar. 27 (N) Capital Punishment Legal: Gemmette, Chapter 10, pp. 215-16 The constitutionality of lethal injection Baze v. Rees: lethal injection as a constitutional method of execution http://law.du.edu/documents/denveruniversity-law-review/v86-2/Butler.pdf TEAM MEETING, DEBATE # 3 Mar. 29 & Apr. 1 Apr. 3 Apr. 5 (A) Good Friday and Easter Monday No class DEBATE # 3 Kafka and the law (Begin Kafka’s “In the Penal Colony,” in Gemmette; finish story by 4/5) (Begin Camus’ The Stranger; finish novel by 4/8) (TOPIC: THE IMPARTIAL JURY) (Continue reading Kafka’s story and Camus’ novel) Finish Kafka’s “In the Penal Colony” (in Gemmette) (Con’t reading Camus’ The Stranger) 11 M, April 8 (A) Existentialism and Human Indifference in The Stranger : “The nakedness of man faced with the absurd.” April 10 (B) Con’t. The Stranger.discussion Apr. 12 Writing workshop on draft of legal memo M., Apr. 15 April 17 Finish The Stranger Have first draft of legal memo completed. Bring to class 3 copies and be prepared to share memo with a group of your peers. 12 Angry Men Have second draft of legal memo completed. Post it in Moodle by 9:50 am today. 12 Angry Men April 19 Exam # 3 M, Apr. 22 (B) Faulkner, Justice, and “The Highwayman” TEAM MEETING, DEBATE # 4 Apr. 24 (N) Juvenile Delinquency Apr. 26 DEBATE # 4 Faulkner’s “Barn Burning” (in Gemmette) Gemmette, Chapter 12, pp. 263-65 Legal: Gemmette’s Chapter 13, pp. 291-93 Life sentences given to juvenile offenders http://www.nytimes.com/2011/04/21/us/21juvenil e.html?_r=1&pagewanted=all (Begin Cather’s “Paul’s Case,” in Gemmette; finish by 4/29) (Debate Topic: Justice for Whom?) 12 M, Apr. 29 (A) Cather’s story Review for the Final Finish Cather’s “Paul’s Case” (in Gemmette) IDS students –Reflection paper due as a Moodle post by 9:50 am today. May 1 FIELD TRIP TO THE COURTHOUSE May 3 Final draft of second paper due (legal memo) – must be posted in Moodle by 10 pm tonight. St. Thomas Aquinas Study Day (no class) Final exam, May 8, 8-10 am