Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II
Name:
Lesson:
Source:
Greg Albert
Theory of Government and Individual Liberties/Rights
Original
Model Lesson Plan
Time and Day Taught:
I.
55 minutes; Tuesday, February 9, 2009
Goals: Illustrating political theory and theories of rights/liberties helps students:
A.
build a framework for digesting the issues in legal disputes;
B.
comprehend the underlying theory of rights and liberties;
C.
know what some of their liberties and rights are;
D.
be able to answer their own questions about the law rather than rely on black-letter explanations
II.
Objectives:
A.
Knowledge Objectives - As a result of this class, students will be better able to: i.
understand the philosophical origin of the American body politic; ii.
iii.
iv.
v.
vi.
understand the origin of property law; understand the origin of tort law; understand the origin of contract law; understand the origin of criminal law; understand the origin of the social contract (Constitution); vii.
understand how and why their rights and liberties are preserved by the social contract
B.
Skills Objectives - As a result of this class, students will be better able to: i.
explain the difference between liberties and rights ii.
iii.
explain why the government protects life, liberty, and property; explain what it means to make a victim “whole”; iv.
explain why the government is prohibited from certain acts that violate civil liberties and rights; and v.
create a simple social contract for their hypothetical country
C.
Attitude Objectives: As a result of this class, students should: i.
ii.
have a more intuitive feeling about the nature of their liberties and rights; feel competent enough to object to egregious laws on the grounds of civil rights iii.
iv.
and liberties; feel competent enough to advocate higher-level policy positions be disposed to question laws at a more theoretical level.
III.
Classroom Methods
A.
Activity I: Creating a government

B.
Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II a.
Give volunteers some dialogues pertaining to issues that the creation of a government is intended to resolve. b.
Start with a single volunteer in the “State of Utopian Nature.” She exists in her own land and has never met another human being. She is “free” and there are no conflicts or problems with morality. c.
A second volunteer enters the state of nature and begins disputing her claims to her life, her liberty, and her property. i.
Each issue will be illustrated with a separate dialogue. ii.
As each issue comes up, we will ask the students how to resolve them. iii.
Through this, we will develop rudimentary notions of property, torts, contracts. iv.
Introduce Wolcher’s “bubble theory” of liberty. d.
Who is going to enforce these interests? We will need to agree to a social contract and create a government. i.
A second set of dialogues will raise some of the problems associated with a lack of government. Another student will join as the newly created “government” ii.
We will ask the students to ascribe certain functions to the new government to tackle problems. iii.
Introduce the theory of “rights” and compare it to the theory of
“liberty.” Talk about making victims “whole.” iv.
Have other students join the group as hostile citizens of a foreign nation to illustrate the concept of security. This will be a direct democracy. e.
What happens when the government does the very things that it was designed to protect? Introduction of civil liberties/rights i.
The original two students will be joined by other students, but the two groups will be unequal in size. One will be the “majority” and one will be the “minority.” ii.
The majority votes to do one of the very things that the creation of government was supposed to prevent. iii.
Maybe we created the wrong kind of government if the majority always wins. How do we mitigate the harm they do? Introduce the idea of a republican democracy. iv.
We will send people to represent us, but those people’s powers will be circumscribed by the social contract. We will add a Bill of Rights.
Interactive Lecture/Structured discussion: Bill of Rights a.
Hand out the Bill of Rights/ have students read them out loud. b.
Focus on the first, second, fifth (compared to the third), sixth, and eighth amendments.

Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II
C.
c.
Plan on it being a moderate discussion. We will try to downplay some of the more controversial topics if they get too heated.
Conclusion i.
Review the goals from above. ii.
iii.
Explain that there are other theories of government and social contracts.
Assign homework; a.
Not mandatory: Bring in any nagging questions about the law b.
Find an article in the past year that involves one of the rights that we talked about today. Bring in the article and a paragraph summary.
IV.
Evaluation
A.
Feel-out the students’ performance in the activities and review the results of the
V.
homework
Assignment:
A.
See III (D) (b)
Dialogues for Lesson Plan IV:
Initial Setup:
Student B enters the circle
1) Property
B: Hey A, I’m pretty hungry, but all I have are goats grazing in the pastures. What do you say you fix me up a snack?

Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II
A: Sorry, but I don’t have enough to go around
B: That’s ok, I’ll just grab some apples off your tree on my way home.
A: Those are my apples. I need those!
B: That’s ok, I’ll just do it when you’re not looking.
Stop- What is the issue here?
2) Life and liberty
A: That is *not* ok with me. Those are mine. I tilled the soil. I worked for them. You can’t just take them!
B: Why not? I am stronger and faster than you. If I want them, you cannot stop me. If you try to stop me,
I will physically hurt you. Maybe I’ll lock you up in a dungeon. Or maybe I’ll just kill you.
Stop- What has B threatened to do to A?
3) Discuss the concepts of life, liberty, and property. Discuss the concept of “zones of privacy”.
Discuss the concepts of agreements and contracts
4) Contracting
A: You know what? This doesn’t do us any good. I don’t want you to take away my life, liberty, or property and I don’t want to take away yours. What resources do you have to trade with me?
B: Like I said, I have some goats. I also have some grain, but it goes bad pretty quickly.
A: I’ll give you 100 apples for a bushel of grain.
B: That’s a deal.
*shake hands*
Stop- The parties agreed to make an exchange. Should they keep it? What if one party relied on the agreement to her own detriment? What if she brought the grain 100 miles in the rain and it will rot if she has to travel 100 miles back? Who is going to make them keep the agreement?
5) Enforcement
A: Hey thanks for bringing the grain, but I changed my mind. These apples are mighty tasty this year, so
I’m going to need more than just a bushel. Go back and get me another bushel.
B: This is all I have left, I cannot bring more

Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II
A: Sorry, no deal.
B: But it’s raining outside. My grain will go bad if I try to transport it back home!
Stop- Who is right and who is wrong? What can they do about it?
B: Ok, that’s fine. I’ll just make sure to deal with you the same way you deal with me. You don’t have to keep your agreements, so I don’t either.
A: Whoa, whoa! Hey B, I didn’t think of it that way. I suppose it’s wrong for me to change my mind after we already had a contract. I’ll be square with you from now on.
B: I’m not so sure. Convince me.
A: Well, what do you say that we create something called a “government”? We will find another person to make sure we abide by our agreements. We will give them the power to force us to do things that we have agreed to do. We will call it the “power of coercion.” If we don’t abide by our agreements, the government can violate our zone of privacy and take our property to fix whatever we did wrong to the other person. We will call that “legal violence”.
B: The government will use legal violence to make people whole again? It sounds pretty risky to give this
“government” the power of violence. Both of us almost abused the other’s natural rights. If the government is just made up of people, how do you know that it will not abuse that power too?
A: That’s the best part! We will create a democracy and vote on who becomes our government. Nobody gets to be the government without a majority vote. That way, we will only elect people that agree with the majority.
B: That works really well, since there are only two of us. Nobody gets elected unless we both agree!
STOP- What does it mean, “to make someone whole”? What other kinds of wrongs should this government fix?
6) Enter the government
B: Okay, it’s settled then. We are free people, but we have contracted to give up some of our freedom to this government. I no longer have total freedom to my possessions now that the government can take them. I no longer have complete freedom with my life if the government can throw me in jail. But it’s worth it if the government will protect me from others.
A: So we have contracted to give up some freedom?
B: Yes. It is a social contract.
C: Did somebody ask for a government?

Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II
A: Hi government, we’re going to need you to do a few things for us. Sometimes we have disagreements over contracts, so we need you to decide what our contracts mean and use your legal violence to enforce them.
C: Okey Doke
B: Yeah, and student A made me really mad the other day, I just wanted to hurt him/her! We will need you to take away our liberty by putting us in prison if we commit acts of aggression, but you must always assume that we are innocent until you have proven that we are guilty.
C: You got it!
A: And I think you should invent the idea of property. You should protect our property from one another. If I take an apple from B, then you can use your legal violence to take an apple back and make B
“whole” again.
C: Done! I will create a bunch of criminal laws to protect you from hurting each other. I will write property laws to explain when and how you can use each other’s property. And I will draft contract laws to decide how contractual disputes should be resolved.
B: But I don’t have any apples. All I have are goats and grain. Goat meat spoils really quickly. Grain doesn’t last much longer. If A wants me to build his house or something, how is he going to pay me? I don’t need that much grain and it will rot before I do!
C: I know just what to do. I am going to dig up some metal around these parts. I’ll stamp it into coins. If you build a house for A, then A can give you the coins instead of the grain. That way, you can use the coins later to buy more grain.
Stop – The government is going to right the wrongs in the world by making people whole. It is going to coin money. Is there anything else it should do?
7) Enter the barbarians
A: Hey B, this setup is great. There is no more fighting now that we both know we will be punished. Our economy is flourishing, now that no one breaks their agreements. Life couldn’t be better.
B: I don’t know A. I’m pretty happy too, but all those barbarians who haven’t figured out how to make things work so well, they’re on our borders and looking to take everything we have!
Barbarians: Arrrrr! Grrrr! Give us your resources!
A: You’re right B! They just stole some of my goats! When I tried to stop them, they got angry and attacked me!

Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II
C: Perhaps I can be of assistance here too. I will build a national security system to protect you. I will start an Army and a Navy. I will keep your borders and your shores free of barbarians.
B: When can you start?
C: Well, this stuff costs more money. Remember those coins I’ve been making? I’m going to need a lot of those. I will need manpower, more people, more resources. I have to build knives, swords, and guns. I have to feed them. It’s really going to cost you.
A: Is it worth it B?
B: I think so.
Stop
8) Majorities and Minorities
A: Whew! We got rid of those barbarians after all! Now we’re free.
B: Not exactly.
A: What do you mean?
B: Well, remember how I told you it would take a majority to elect people to government?
A: Yes, that’s right.
B: Well, I have a really big family now. It’s bigger than yours, so my family pretty much makes up a majority of the people in this land. We’ve decided to elect me to be the government. As the new governor, I have decided to write all the laws so that they favor me! In fact, I’m even going to change our legal names. You will be called ‘Common’ and I will be called “Noble”. As a noble person, different laws apply to me.
A: Like what?
B: Well, I can hit you, but you cannot hit me unless you want to go to prison. Also, your “property” is really just stuff you’re borrowing from me. I can take it back whenever I want. I’m also going to have the government search your house every other night for illegal contraband.
A: What is illegal contraband?
B: Anything I want it to be. Also, if they find any, you’re going straight to jail. No trials, no nothing.
A: But none of this applies to you?
B: Silly commoner! No, of course not. I control the government now. I am above the law.

Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II
A: This deal is not fair at all.
B: You have no say. You are a minority. I am a majority. This is a democracy and democracies are majority-ruled. You thought it would be a good idea to have a majority-ruled government didn’t you?
Stop- Can you think of any other instances that this could represent? Racial segregation? Taxes on the wealthy? What can we do to mitigate this problem?
9) Dawn of the Republic
A: Did I say democracy? I meant a republican democracy! We elected a government, but that government does not have plenary powers. They cannot do whatever you tell them. They can only do what we agree to let them do and I didn’t agree to let them search my house or seize my belongings every other night without a warrant. I didn’t agree for them protect you more than me. And I certainly didn’t agree to be jailed without trial.
B: How will we document which powers he has and which ones he doesn’t?
A: We will write a constitution to outline the terms of the social contract.
C: Hey, you can write all the social contracts you want, but I have the power of coercion. If I choose to interpret the constitution to say that I have all the powers I want, then I do. Who is going to stop me? B donates a lot of money to my campaigns. I am on his side.
A: So what happens if I get more people on my side and donate more money to your campaigns than B does?
C: Then I’ll take your side.
B: Hey, wait a second!
A: See the problem now?
B: You are so wise.
A: Instead of drafting a constitution that gives the government plenary powers, we will add some provisions that protect our civil liberties by restricting its powers.
B: Like what?
A: Well, we will add an equal protection clause, so that the government has to treat everyone exactly the same. There will be no commoners and nobles in our land. Next, we will add a due process clause, so that we cannot have our life, liberty, or property taken away without a trial. All defendants will be presumed innocent until proven guilty.

Miles E. Hawks and Greg Albert
B514 Street Law
Profs. Julia Gold and Jennifer McIntyre
Lesson Plan II
B: That sounds good, but I don’t even want the government entering my house to look for things without a reason.
A: Neither do I. Now we’re on the same page, buddy. We will add a search and seizure provision into the constitution, which states that the government cannot search your belongings or seize anything you own without probable cause.
B: That’s a good idea, but like the government said, what can we do to stop it if it wants to violate these civil liberties?
A: We can create more than one branch of government. We will create a legislature, which makes the laws. We will create an executive, who executes the laws. Finally, we will create a judiciary. If someone feels that their civil liberties have been violated, they can sue the government in court.
B: Yeah, but what if they all get in cahoots together? What if they all agree to take away our liberties?
A: Then, there is not much we can do to stop them, but we can always remind them who wrote the constitution and who gives it the right to exist.
B: How?
A: By adding three words to the beginning of the constitution.
B: “We the people”?
A: We the people.