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
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 I
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