Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,Phl 347:Philosophy of Law,Prof.Robert Koons,Fall 2004,Instructors,Prof.Rob Koons,Wed.3-4;Thurs.11am-noon.,WAG 405;471-5530,koonsmail.utexas.edu,TA:Blinn Combs,combsbmail.utexas.edu,Texts:,Frederick Schauer and Walter Sinnott-Armstrong,ed.,The Philosophy of Law,(Harcourt Brace,1997),Selection from:Andrew Altman,Arguing about Law:An Introduction to Legal Philosophy,(Wadsworth,1996).Available at Paradigm Lecture Notes.,Evaluation:,Two midterm exams:25%each.,Final exam:25%(may count 50%,dropping lower midterm grade),Weekly short papers on discussion questions:10%,Class attendance and participation(including participation in section and via listserv and web site):15%,Examinations(75%),Examinations will be in the form of a small number of short-essay questions.,At the end of the semester,you will have the option of selecting either a comprehensive or non-comprehensive final exam.,If you choose the non-comprehensive final,then your final exam grade will constitute 25%of your course grade.,If you take the comprehensive exam,then you will be given a two-part exam:the first can be used to replace your lowest midterm grade,and the second part will count for the final 25%of your course grade.,Participation(15%),Class participation will be made up of three equal components:class attendance,section attendance,and activity in discussion.,We will take roll both in class and in section.If you have an excused absence,please bring the relevant documentation to me or to Mr.Combs.,Active,concise and relevant contributions(both in the form of questions and responses)are expected of each student.Contributions that are especially meritorious may earn extra credit.,You may participate in discussion in any of four ways:,contributing to discussion in class,contributing in discussion sections,contributing through messages posted to the Phl 347 Blackboard discussion forum.,contributing short(1000-1500 word)research paper on topic related to the course.,Weekly Discussion Papers(10%),You are responsible for submitting a total of ten one-to-two page papers(250-500 words)in the course of the semester.,Each paper must be submitted on a Tuesday at the beginning of the class period.,Each paper must contain written answers to two discussion questions pertaining to the forthcoming weeks reading.,One of the questions should concern a court case,and the other should concern an essay from the readings.,I will supply you with a list of discussion questions to choose from in advance.,Midterm Exams,Sept.30,Oct.21,Next Week:Aug.31-Sept.2,Mens Rea and Strict Liability,Case study:Rape,S&S:pp.784-788,846-887,Questions for Short Papers,Wasserstrom,S&S,p.866,question 2 or 3,Tison v.Arizona,S&S,p.872,question 1 or 2,Lords Decision,p.874,question 2,Estrich,p.882,question 1 or 2,Commonwealth v.Sherry,pp.885-6,question 1,2 or 6,What is Philosophy?Three Answers:,Reflecting on common sense knowledge,seeking a deeper understanding of what we already know,Linguistic or conceptual analysis,That branch of science that is concerned with those features of reality that are of the greatest possible generality or universality,Philosophy as the General Science of Being,Philosophers seek theories that provide an overarching framework within which the contents of the other branches of knowledge(science,scholarship,law)can be placed.,Philosophers seek consistent descriptions of those common features of reality(cause,purpose,value)that show up in every kind of inquiry.,These Three Answers are not Mutually Exclusive,Some philosophers tend to follow one model to the exclusion of others:commonsense philosophers,ordinary-language philosophers,Rationalists.,Many philosophers combine two or three of these approaches.For example,many accept common sense or linguistic analysis as starting-points.,Applying these Models to the Philosophy of Law,We can reflect on our common understanding of law,legal obligations,legal rights,due process,justice.,We can analyze the meanings of key terms in the law:“rights,“obligations,“punishment,etc.,We can seek the essence of law,legal institutions.,Seeking the Essence of Law,What makes something a law(as opposed to a custom,habit,religious rite,moral duty)?,Are there any necessary connections between law and morality?law and politics?biology?theology or cosmology?,Philosophies come in Many Varieties,Platonism:Universals,like truth,justice,goodness,humanity,beauty,really exist,independently of our language or structure of thought.,Nominalism:Universals dont really exist.All that exists are concepts and terms of language that refer in a general way to many things.,General Tendencies of Platonists and Nominalists,Platonists tend to be more rationalistic,open to metaphysical theories,including the irreducibility of human being to physical processes.,Nominalists tend to be more empirical and skeptical.In addition,they tend toward more materia