Philosophy of Law (3Q3): Term 1, 2012
Dr. W. Waluchow
Office: University Hall 302
Phone: 23465
Email: Walucho@mcmaster.ca
Webpage: http://www.humanities.mcmaster.ca/~walucho/
Office Hours: Wednesdays, 9:30 AM - 10:30 AM – or by appointment
COURSE DESCRIPTION
In the first half of the course we will examine critically several general theories about the nature of law. In
the second half, we will turn to some major issues which arise within the area of constitutional law. Here
we will examine the nature of constitutionalism and whether having a judicially enforced Charter of Rights
can be compatible with the commitments of democracy. We will also examine a number of classic and
contemporary cases in Canadian constitutional law: e.g., The Queen v Oakes (rights limitations in a
democracy) and Charqaoui (security certificates).
REQUIRED TEXTS
Readings in the Philosophy of Law, ed. K. Culver (Broadview Press)
The Court and the Charter: Leading Cases, ed., Bateman et. al. (Emond Montgomery Publications)
COURSE REQUIREMENTS
Take Home Test (limit 1000 words) (Distributed Oct 12, Due Oct 19)..............30%
Essay (limit 2500 words) due November 26........................................................30%
Final Exam (as scheduled by the Registrar).........................................................40%
NOTES
1. 5 marks (out of 100) will be deducted from Essay and Take-Home grades for every 100 words in excess
of the prescribed limit.
2. 5 marks per day (out of 100) will also be deducted for late Essays and Take-Home Exams. Exceptions
will be made only if you have a legitimate excuse. A legitimate excuse is whatever your Dean of Studies
will accept. Take your documentation to your Dean of Studies. In due time they will send me a memo.
3. Academic dishonesty consists of misrepresentation by deception or by other fraudulent means and can
result in serious consequences, e.g. the grade of zero on an assignment, loss of credit with a notation on the
transcript (notation reads: “Grade of F assigned for academic dishonesty”), and/or suspension or expulsion
from the university. It is your responsibility to understand what constitutes academic dishonesty. For
information on the various kinds of academic dishonesty please refer to the Academic Integrity Policy,
specifically Appendix 3, located at http://www.mcmaster.ca/senate/academic/ac_integrity.htm
The following illustrates only three forms of academic dishonesty:
i). Plagiarism, e.g. the submission of work that is not one’s own or for which other credit has been
obtained.
ii). Improper collaboration in group work.
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iii). Copying or using unauthorized aids in tests and examinations.
4. E-mail policy: It is the policy of the Faculty of Humanities that all email communication sent from
students to instructors (including TAs), and from students to staff, must originate from the student's own
McMaster University email account. This policy protects confidentiality and confirms the identity of the
student. Instructors will delete emails that do not originate from a McMaster email account
5. Course Changes: The instructor and the University reserve the right to modify elements of the course
during the term. The university may change the dates and deadlines for any or all courses in extreme
circumstances. If either type of modification becomes necessary, reasonable notice and communication
with the students will be given with explanation and the opportunity to comment on changes. It is the
responsibility of the student to check their McMaster email and course websites weekly during the term and
to note any changes.
6. Essays and Take-Homes must not be submitted to the Philosophy Department Office. They must be
submitted directly to me either during class or my office hours. Do not slip them under my door. Be sure to
keep copies of all work submitted.
7. The final exam will cover all the material dealt with in class.
8. The scale used by the Registrar's Office will be used to convert number grades to final letter grades.
9. Course evaluations: Students will be asked to complete course evaluations at the end of the term.
10. If you require assistance in developing your writing skills, or in developing strategies for taking tests
and examinations, the Centre for Student Development may be of some help to you. For information
concerning academic support services provided by the Centre consult their website at
http://csd.mcmaster.ca/
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