PHILOSOPHY OF LAW
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HAND-OUTS
SPRING 2003




PART IV




WEEK 12


Theories of Law: Natural Law Theory (March 31)

  • Bix: "Natural Law Theory"
  • Dimock: "The Natural Law Theory of St. Thomas Aquinas"

    The Challenge of Legal Positivism (April 2nd)

  • Austin: "A Positivist Conception of Law"
  • Hart: "Law as the Union of Primary and Secondary Rules"
  • Hart: "Positivism and the Separation of Law and Morals"

    The Morality of Law (April 3rd)

  • Fuller: Positivism and Fidelity to Law-A Reply to Professor Hart"
  • Fuller: "Eight Ways to Fail to Make Law"
  • Coleman: "Negative and Positive Positivism"
    in Feinberg & Coleman, PHILOSOPHY OF LAW, pp. 7-107


    WEEK 13


    Law From the Perspective of a Judge(April 7th)

  • Feinberg: "The Dilemmas of Judges Who Must Interpret ''Immoral Laws''
    in Feinberg & Coleman, PHILOSOPHY OF LAW

    Third papers are due on Monday, April the 7th, in class

    Dworkin's Third Theory of Law( Aprl 9th)

  • Dworkin: "The Model of Rules"
  • Riggs v. Palmer, Court of Appeals of New York, 1889.
  • Mackie: "The Third Theory of Law"
    in Feinberg & Coleman, PHILOSOPHY OF LAW


    WEEK 14


    Legal Realism and Critical Legal Studies(April 14th)

  • Holmes: "The Path of the Law."
  • Frank: "Legal Realism"
  • Kelman: "Interpretive Construction in the Substantive Criminal Law"
    in Feinberg & Coleman, PHILOSOPHY OF LAW

    There will be a quiz in class on Monday, April 14th. Paper topics for the final paper will be handed out in class on Monday after the queiz. Final papers are due on Monday, May 5th at 9:00 AM for ALL SENIORS and by 4:30 PM on May 7th for everyone else. Please hand your papers in at the Philosophy Department Main Office which is located in Rabb 305 on the third or second floor of Rabb depending on how you count floors.

    Passover and Spring Recess
    Thursday, April 17th - Thursday, April 24th

    WEEK 15


    The Moral Obligation to Obey the Law(April 28th)

  • Luban: "The Court and Dr. Martin Luther King"
    in Feinberg & Coleman, PHILOSOPHY OF LAW

    Quizes (graded) will be handed back on Monday

    Study Session for Final Paper Topic April 30th.

    WEEK 16


    Senior Grades for All Courses without Final Exams due Monday(May 5th)

    Final papers are due on Monday, May 5th at 9:00 AM for ALL SENIORS. Please hand your papers in at the Philosophy Department Main Office which is located in Rabb 305.

    Final papers are due by 4:30 PM on Wednesday, May 7th for everyone else. Please hand your papers in at the Philosophy Department Main Office which is located in Rabb 305.






    Prepared: February 4, 2003 - 5:02:29 PM
    Edited and Updated, February 5, 2003

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