PHI 311

PHILOSOPHY OF LAW
COURSE SYLLABUS (SPRING/12)

COURSE TITLE: Philosophy of Law

COURSE NUMBER: PHIL 311-01
INSTRUCTOR: Paul Sander
MEETING DATES: Tuesday and Thursday
MEETING TIME: 12:00pm to 1:15pm
MEETING LOCATION: Krug Hall, 205
OFFICE HOURS: Tuesday and Thursday 9:00am – 11:00am
LOCATION: Robinson B 462
EMAIL: psander@gmu.edu

COURSE DESCRIPTION:
This course explores a number of philosophical themes bearing on the nature of the law
and its relationship to morality: e.g., What is the law—is it a necessarily moral
phenomenon or merely a social phenomenon? Do we have an obligation to obey the
law? What are the moral limits of legal punishment? In addition to engaging these and
related substantive issues, the course also attempts to sharpen students’ skills in
practical reasoning through the analysis of logical argument.

The materials for the course consist of readings from the assigned text, additional
readings to be distributed in class throughout the term, and video presentations to be
viewed in class and/or outside of class. The format of the course will be a combination
of lecture, classroom discussion, and perhaps an occasional video presentation or in-
class individual or group exercise.

COURSE OBJECTIVES:
Through this course the students will learn a body of information and develop a set of
important skills. As for information, the students will (1) understand and articulate
philosophical terminology, (2) understand key concepts in jurisprudence, morality and
several of the most influential theoretical approaches to understanding the nature of the
law, (3) become familiar with a number of the perennial issues and arguments in
jurisprudence. As for skills, the students will learn to (1) recognize and assess arguments
as presented in philosophical writing, (2) construct their own philosophical arguments;
(3) compare and critique philosophical arguments; (4) develop their ability to
communicate clearly and effectively in speech and in writing and (5) develop and refine
their views on a number of important issues relating to jurisprudence.

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TEACHING METHODS:
Teaching methods will include lecture, classroom discussion, and possibly, individual
and small-group classroom exercises and video presentations.

COURSE REQUIREMENTS:
(1) Attendance, in-class quizzes and exercises: Students are expected to come to every
class meeting, on time and prepared to participate in the discussion of the day’s material.
There may be occasional in-class quizzes or exercises on the assigned material. The
attendance and participation grade will be worth 10% of the course grade.

(2) Exams: There will be a midterm exam (worth 30% of the course grade) and a final.
The final will be comprehensive and will be worth 40% of the course grade.

(3) Paper: There will be one 5-7 page paper assigned, which will be worth 20% of the
course grade and due on the day of the final exam. Details as to form and content will be
provided in class. Note that a helpful resource to assist you in the writing of your term
paper is the University Writing Center’s guide for writing philosophy papers, available at
http://classweb.gmu.edu/WAC/philosophy/.

GRADING:

Attendance/In-Class Exercises10
Midterm Exam 30
Final Exam 40
Term Paper 20
100

REQUIRED TEXTS:

The Concept of Law by H. L. A. Hart

In addition, other assigned readings will be distributed in class or available on electronic

reserves through the campus library.

CLASSROOM BEHAVIOR:
The instructor reserves the right to manage a positive learning environment and so will
not tolerate inappropriate conduct in the classroom. This includes, but is not limited to,
the following: carrying on side conversations during the class, eating in the classroom,
bringing children to the classroom, regularly arriving late or leaving early, interrupting
other students or the instructor, or in any other way showing disrespect to other students
or the instructor. Note that, since this is a philosophy class, we will be doing a lot of
arguing over the course of the semester (in the philosophical sense of “argument”), and
we will always strive to critique each other’s arguments, not each other.

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TEST TAKING—EXAMS AND QUIZZES:
For exams:

--Once an exam has started, no one will be allowed to leave the room until they are
finished with their exam.

--When finished, students must submit their exam to the instructor and sign the
attendance sheet.

--Students arriving to class late on exam day will be permitted to take the exam, but (1)
they may be required to take a different exam and (2) they must submit the exam to the
instructor by the regular ending time for that exam.

For quizzes:

--Once a quiz has started, no one is allowed to leave the classroom.

--Students must submit the quiz when the instructor calls “time.”

--Students arrive late to class may begin the quiz, but must submit the quiz when the
instructor calls “time.”

EXPECTATIONS:
Written assignments are evaluated on the basis of presentation, content, and application
of the concepts studied and reviewed in class.

- Students are expected to study the assigned material

- Students are expected to dedicate themselves with energy
- Students are well advised to take notes

Any student in need of help and guidance in writing and developing the assigned written
term paper is strongly encouraged to seek such aid in the Academic Support Center
and/or through the Writing Center’s guide for writing philosophy papers mentioned
above.

ATTENDANCE:
Regular class attendance is an obligation implicit in the agreement between the student
and the College. Every student enrolled in this course is responsible for the work done in
all class sessions and for all study assignments. Therefore, the College expects each
student to attend all classes and complete all assignments regularly.

To accommodate personal needs, a student may miss up to three class periods without
penalty. After the third missed class, however, penalties for additional absences will be
imposed. These penalties may include reductions in the student’s course grade or forced
withdrawal from the course. Note that there is no official distinction between an
“excused” and “unexcused” absence. A student will be considered absent if the student

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is present for less than 60% of the session. Being late to class will be considered one-half
of an absence.

ACADEMIC INTEGRITY:

One mark of an educated individual is personal integrity. The members of the University
community are committed to a code of behavior that promotes academic excellence and
social responsibility. A student is thus pledged to academic honesty. The University
Honor Code is in effect throughout the entire duration of the course and applies to all
course work carried out inside and outside the classroom. It is the responsibility of each
student to be familiar with the GMU Honor System and Code as laid out in the Student
Handbook. Please refer to htt://www.gmu.edu/mlstudents/handbook/honor.html for
detailed information.

As academic honesty is considered to be a foundation stone of the educational enterprise,

any form of cheating or plagiarism is considered to be an affront to the entire College
community. Students should carefully study the definitions of cheating and plagiarism:

1. Cheating includes the following behaviors:

• Copying another student’s answers while completing any class assignment, study
group assignment, or during in-class or take-home examinations.
• Using notes, books, or any other unauthorized aids during an examination.
• Unauthorized discussion of answers during in-class examinations.
• Submitting another student’s work as one’s own.
• Stealing another student’s work.

2. Plagiarism is submitting a paper in which the language, ideas, or thoughts, are

identical to published or unpublished material from another source, without correctly
giving credit to that source.

3. Failure of a student to report infractions is itself a violation of the Honor Code.

4. A violation of academic integrity will result in the following actions:

- First Violation - A failing grade for the assignment and the student will not be
allowed to re-write, re-submit, or revise the assignment.
- Second Violation - A failing grade in the course and the student will not be
allowed to return to the class.

A student who has plagiarized in one class will have his or her case
documented with the College; a repeat violation of the Honor Code in another
class may lead to suspension or dismissal from the College.

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ADDITIONAL SERVICES:
Students who have or may be dealing with a disability or learning difficulty should speak
with the instructor or contact the appropriate administrative office at the university.

Americans with Disabilities Act: The College is committed to compliance with both the
letter and the spirit of the Americans with Disabilities Act as well as the Rehabilitation
Act of 1973 and other laws protecting the rights of individuals with disabilities. Students
with special needs should contact the offices of the Dean of Student Development
Services for additional information and complete the Request for Accommodations form.
It is the student’s responsibility to identify him/herself and the need for special
accommodation with appropriate documentation to the instructor at the beginning of the
semester.

COURSE SCHEDULE (Note: The following is a tentative outline that may be

revised depending on the needs of this particular class and the pace of the class as a
whole):

I. Introductory Matters

A. Introduction to Jurisprudence

Readings [recommended]: Golding (p. 1-6) and Hart (p. 1-17)

B. Logic and Legal Reasoning

Reading: Rauhut handout on the logic of argument (distributed in class)

II. Classical Natural Law Theory

A. Ancient Greek Roots of Classical Natural Law Theory

Readings: Plato, from Book VII of The Republic, Aristotle, from Book I of the
Nicomachean Ethics

B. Aquinas’ Natural Law Theory

Readings: Thomas Aquinas, from the Summa Theologica, “Treatise on Law”

III. Classical Legal Positivism

A. Thomas Hobbes and Sovereignty

Reading: from Leviathan, chapters 13-18

Note: We’ll also make a quick detour into the social contract conception of justice by
reading John Rawls’ essay “Justice as Fairness.”

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B. John Austin’s “Command Theory of Law”

Reading: from The Province of Jurisprudence Determined, Lectures I, V, VI

IV. Contemporary Legal Positivism: Hart’s View of Law as Social Rules

Reading: The Concept of Law, Chapters 2-6

V. Contemporary Natural Law Theory

A. Lon Fuller’s “Inner Morality of Law”

Reading: from The Morality of Law, “The Morality That Makes Law Possible”

B. Ronald Dworkin’s “Rights Thesis”

Readings: “The Model of Rules,” “Hard Cases,” and “Natural Law Revisited”

VI. Normative Jurisprudence: Legal Liability and Punishment

A. Morality and the Law

Reading: Murphy and Coleman, “Moral Theory and Its Application to Law”

B. Basic Principles of Legal Liability

1.) Legality and Ignorance: Richards, “Responsibility …”

2.) Actus Reus: Brandt, “The Principles of Criminal Law”
3. Mens Rea: Brandt--continued
4. Negligence: Palsgraf v. Long Island Railroad Co.

C. Strict Liability Statutes

1.) Strict Liability: U.S. v. Dotterweich

2.) The Rationale for Excuses: Packer, “Strict Liability”
3.) The Defense of Strict Liability: Hart, “Legal Responsibility and Excuses”
4.) Justifications: Wasserstrom, “Strict Liability in the Criminal Law”

D. Capital Punishment:

1.) Classical Theories of Punishment: Richards, “Punishment”

2.) The Mill-Gilpin Debate: Gilpin, “Speech Against Capital Punishment,” Mill, “Speech
in Favor of Capital Punishment,”
3.) Furman, Race and C.P.: Furman v. Georgia, McCleskey v. Kemp

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E. The Legal Regulation of Community Morality:

1.) Liberty and Immorality: Devlin, “Morals and the Criminal Law,”
2.) The Seamless Web: Hart, “Social Solidarity and the Enforcement of Morality”

IMPORTANT DATES
Jan 24 First Class
Jan 31 Last Day to Drop Class with Full Refund
Feb 24 Last Day to Drop
March 12 – 18 Spring Break
May 3 Last Class Meeting
May 15 Term Paper Due and Final Exam, from 10:30am – 1:15pm