Jurisprudence

SLN #: 87451
Course Prefix: LAW-691
Course Section: 012
Credit Hours: 2
Instructor(s): Murphy
Course Books: View List of Books

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 law? What relevance, if any, do forgiveness and mercy have in the law? How might one defend the idea of fundamental (or even natural) human rights? What relevance, if any, should personal virtues (or vices) 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 in the previous regime (such as police torturers and murderers) be punished? Readings will be from both classical and contemporary philosophers and from works of imaginative literature.

Additional Information:
Credit Hours: 2
Grading Option: Letter Grade Only
Written Assignment: None
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: No
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: No
Prerequisite: None
Special Withdrawal Course: No
Limited Enrollment Number: No
Final Exam Given: No
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.