PHILOSOPHY OF LAW
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HAND-OUTS
SPRING 2003





PART II




WEEK 6


The Aims and Limits of Punishment(Feb. 17th)

  • Feinberg: "The Expressive Function of Punishment," pp. 688-98
  • Massaro: "Shame, Culture, and American Criminal Law," pp. 699-726.
    in Feinberg & Coleman, PHILOSOPHY OF LAW

    What, If Anything, Justifies Legal Punishment? (Feb. 19th)

  • "Would You Represent the Meanest Man in New York? pp. 117-152
    in Dershowitz, THE BEST DEFENSE
  • Marvin Frankel, Sentencing Memorandum U. S. v. Bergman (Handout)
  • Feinberg: "The Classic Debate," pp. 727-731
  • Ten: "Fantastic Counterexamples and the Utilitarian Theory," pp. 732-746
  • Moore: The Moral Worth of Retribution, pp. 746-769
  • Shafer-Landau: "The Failure of Retributivism," pp. 769-779
    in Feinberg & Coleman, PHILOSOPHY OF LAW


    WEEK 7


    Victims' Rights: Restitution or Revenge?(Feb 24th)

  • Mackie: "Retributivism: A Test Case for Ethical Objectivity," pp. 781-87
  • Murphy: "Getting Even: The Role of the Victim," pp. 788-799
  • Payne v. Tennessee, United States Supreme Court, 1990, pp. 799-816
    in Feinberg & Coleman, PHILOSOPHY OF LAW


    The Insanity Defense(Feb.26th)

  • The McNaghten Rules<;/I>, House of Lords, 1843, pp. 668-69
  • The Insanity Defense, The American Law Institute, pp. 669-671
  • State v. Guido, Supreme Court, 1963. pp. 672-73
  • Feinberg: "What Is So Special About Mental Illness?" pp. 674-682
    in Feinberg & Coleman, PHILOSOPHY OF LAW

    First papers are due on Monday, February the 24th, in class


    WEEK 8

    Midtern Recess (March 3 - March 7)


    WEEK 9


    The Death Penalty(March 10th)

  • Furman v. Georgia United States Supreme Court, 1972., pp. 817-826
  • Woodson v. North Carolina, United States Supreme Court, 1976, pp. 826-835
  • Van den Haag: "In Defense of the Death Penalty," pp. 836-841
  • Nathanson: "Should We Execute Those Who Deserve to Die?" pp. 842-850
    in Feinberg & Coleman, PHILOSOPHY OF LAW

    Paper topics for the second paper will be handed out on Thursday, March 13th at the end of class. They are due on Monday, March 24th, in class.







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


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