Jurisprudence

SLN #: 91313
Course Prefix: LAW-616
Course Section: 001
Credit Hours: 3
Instructor(s): Murphy

Course Description:
Jurisprudence (philosophy of law) is usually divided into two areas of inquiry: analytical jurisprudence (the analysis of legal concepts--e.g., law, responsibility, liberty, rights, etc.) and normative jurisprudence (the evaluation of legal doctrines and practices), The emphasis of this course will be on normative jurisprudence. Such issues as the following might be explored: Is there a moral obligation to obey the law? How, if at all, can criminal punishment be justified? What is the proper balance between emotion and reason in the law? What relevance, if any, do forgiveness, mercy, and reconciliation have in the law? How might one defend the idea of fundamental (or even natural) human rights? What relevance, if any, should virtues (or vices) of character have in the law? For example, should repentant offenders receive less punishment than unrepentant offenders? Is humility a virtue and, if so, should it be encouraged in lawyers and judges? Problems of transitional justice: When a repressive dictatorship is replaced by a rights respecting democracy, should the bad actors of the previous regime be punished? Readings will be from both classical and contemporary philosophers of law and from works of imaginative literature.

Additional Information:
Credit Hours: 3
Grading Option: Letter Grade Only
Written Assignment: None
Graduation Writing Requirement: No
Flexible Writing Requirement: No
Skills Requirement: No
Experiential Learning: No
Prerequisite: None
Special Withdrawal Course: No
Limited Enrollment Number: No
Final Exam Given: Yes
Final Exam Type: In-Class - Completely Secure
Mid Term Or Other Exam: No
Paper Or In-Class Presentation: No
Participation Points: Only to resolve borderline cases
Attendance Policy: Per Statement Of Student Policies
Additional Attendance Policy: More than two unexcused absences may result in withdrawal from course

* The law school has a policy that Is used To calculate credit hours. Please see the Statement of Student Policies.