Contents
Course description
An examination of the concepts and classifications used in and about legal systems; problems of legal reasoning and judicial decision-making; and the evaluation of philosophical and legal arguments in the areas of justice, liberty and responsibility on such issues as civil disobedience, capital punishment, censorship and pornography, reverse discrimination, theory of torts and contracts.
Course objectives
Students taking this course gain knowledge about the theories and perspectives that underlie the US (and select other) legal systems, and the philosophical literature that critiques these. Students develop key philosophical skills, such as analyzing arguments, recognizing and examining key premises, developing a philosophical thesis and supporting it with arguments, and communicating their views clearly in conversation. Students will learn to see connections between law and philosophy, and will be able to discuss the role that science can play in determining basic legal concepts such as causation. And they will gain an appreciation for the ways in which values and ethics play a role in determining every aspect of both domestic and international law, from legislation to judicial decision making.
Required Texts
This is an OER (Open Educational Resource) course. All required readings for this course are either open access, hosted on external websites, or available for free through the City Tech library to students of City Tech. See hyperlinks in schedule below.
Course Intended Learning Outcomes/Assessment Methods
|
LEARNING OUTCOMES |
ASSESSMENT METHODS |
|
1. Gain familiarity with the basic methods of philosophy, and the difference between philosophy of law and empirical study of law. |
1. Class participation, papers, exams |
|
2. Understand the features and assumptions of various theories of jurisprudence, such as natural law and legal positivism. |
2. Class participation, papers, exams, homework |
|
3. Become acquainted with philosophical issues in major areas of law, such as torts, contracts, criminal law, property law, etc. |
3. Class participation, papers, exams, homework |
|
4. Critique and evaluate various contemporary issues in law from philosophical perspectives discussed in class. |
4. Class participation, papers, homework |
