Brandeis University, Philosophy Department
Spring 2007
Brandeis University Web Stite

Philosophy 22B

Philosophy of Law

Professor Andreas Teuber
Prof. Teuber


Kitty Genovese

The Dilemma of a Judge Faced
With Applying an Immoral Law

"Inadmissible Testimony"

Drawing on the reading as well as your own considered good judgment, argue for or against the opinion of your fellow Judge on the California Supreme Court, Chief Justice Murray, in the case outlined on the following pages. If your opinion differs from that of the Chief Justice, offer your own opinion and argue for it. Think of the arguments that might be made against your argument, and respond to them. In defending your position, whether it be that of the Chief Justice or an opinion that differs from his, offer what you believe are the most principled arguments you can make.

In thinking of objections to your opinion, think of the best possible objections that someone on the other side might come up with, i. e., give yourself a hard time. If you can respond to the other side at its strongest rather than at its weakest point, that can only help to strengthen your own opinion and make it that much more persuasive.

In the course of bringing what you believe is the best defense for your own position to light, provide the clearest expression of that theory of law that you believe best explains and supports your position. Think of how someone who subscribes to a different theory of law might seek to challenge your theory and respond by spelling out how your theory as opposed to this other theory is better suited to clarifying how judges should decide cases of this kind.

Papers should be about seven (7) pages in length or longer, if you prefer, and double-spaced.

Please number pages.

We would like to have two copies, marked COPY ONE and COPY TWO.

Papers should be stapled, not held together by Paper CLIP, Elmer's GLUE, Dentyne GUM, SPIT, James BOND or Origami FOLD.

Final papers are due on Monday, May 14th at 10:00 AM for ALL SENIORS and by 4:30 PM for everyone else. Please hand your papers in at the Philosophy Department Main Office on the third floor of Rabb Graduate Center (Room 303).

NOTE:You may email your final paper. If you do, please attach it in a format you believe is easily read by most computers. You should also copy your paper and put it directly into the email itself as a text. It will lose its format, but then in the event the attachment is downloadable, we will be sure to have a copy. Emails must arrive at least one half an hour before the stated deadline(s) for the paper.