PHILOSOPHY OF LAW
HANDOUTS & LECTURE NOTES
Links to Hanouts and Lecture Notes for the Philosophy of Law Class of 2004
Professor Andreas Teuber:
The Twenty-One Legal Puzzlers
The Speluncean Explorers
What is a Crime?
Who Done It?
There is More to Murder Than Killing Someone
Negligence and Liability
The Decline of Cause
Omissions and the Duty to Rescue
HANDOUTS AND NOTES
- 1. Syllabus - - Part One.
- 2. Why Study Law? - - Many of the most troubling moral and political issues that we face are addressed in our society as legal issues.
3. Law As the "Tie That Binds." - - Sociologists write about the fragmentation of contemporary American life and bemoan the loss of a strong sense of community, but our laws accompanied by the opinions delivered daily in our courts tell a different story.
4. Defining Crime. - - In an introduction to a course on the Philosophy of Law, it might be helpful to say something at the outset - right "off the bat" - about the nature of law and, more particularly, about crime.
5. What's Wrong with Definitions? - - The problems we face trying to define "theft" or "crime" or "the law" may be a consequence of a more general problem we have with defining anything, anything at all.
6. What Makes Something a Crime? - - What then makes something a crime?
7. Actus Reus and Mens Rea - - Still, despite the exceptions, most crimes require the presence of a bad act and a guilty mind.
8. There Is More To Murder Than Killing Someone. - - So the notion of a crime is inextricably bound up with our being able to show that the accused performed a bad act and did so with a guilty mind.
9. Finding One's Way About - - Understanding what makes something a crime is more like knowing the rules of a game and what moves to make at critical points in the game than it is a matter of definition,.
10. Reading - - Part One
11. Twenty-One Legal Puzzlers
12. The Case of the Speluncean Explorers
13. The William Brown, 1841 (United States v. Holmes)
14. The Mignonette, 1884 (Queen v. Dudley)
15. Has a Person Who Breaks the Law out of "Necessity" Committed a Crime?
16. Necessity: Model Penal Code, Section 3.02 (1) (a)
17. Bernhard Goetz and the Crimnal Law
18. Defining Criminal Behavior
19. Justifications and Excuses
20. Glossary: "Acquittal - Holding"
21. Glossary: "Homicide - Probation"
22. Glossary: "Proceeding - Verdict"
Prepared: January 9, 2004 - 5:02:29 PM
Edited and Updated, January 14, 2004
Web Page Created by Andreas Teuber
PHILOSOPHY OF LAW
Main Web Page