Nature, Functions, and Limits of the Law

Jonathan Brand
Nollen 1
Office Hours: Tues., 9:00- 10:00 a.m., Wednesday 1:00- 2:00 p.m., and by appointment
e-mail: brand@grinnell.edu
269-4740

Course website: http://web.grinnell.edu/courses/pol/f02/Pol220-01/
Course Blackboard through: http://blackboard.grinnell.edu/index.html
Legal Links: http://web.grinnell.edu/courses/pol/f02/pol220-01/JBlinks.html

Students in this course will study the means and ends of social ordering through law.  That is, the class will explore what law is and is not and what it is capable of doing within the social context.  The course will consist of the following units: 1) law as an instrument for remedying grievances; 2) law as an instrument for defining and punishing crimes; 3) law as an administrative-regulatory instrument; 4) law as a facilitator of private arrangements between people; and 5) law as a way of promoting safety and human rights.  The course materials will consist largely of photocopied original materials.  Students are expected to attend class regularly and be well prepared to participate in class discussions.  There will be two written papers (and two rewrites).  Participation, which will include several in-class presentations, will be graded.

Individual interests are often in tension with each other; they are also often in opposition to a common or societal goal/value.  This course seeks to introduce you to the law's capacity to mediate between these individual interests as well as the law's attempts at furthering the common good, often at the expense of individual interests.  The law is a powerful instrument for encouraging people to work together.  However, it is not capable of resolving every problem or achieving every goal.  How does the law resolve disputes?  How does it maximize welfare and wealth?  How is it structured?  Who decides what we mean by "law" and how it functions?  Who decides what the societal interest is or whether it trumps what an individual wishes to do?

Required Texts: Photocopied Materials, for sale at the College Bookstore

Course Requirements:

It is expected that you attend class regularly and be fully prepared to participate in discussion every day. Classes are designed to be a genuine interaction. You should not hesitate to speak.

Your final course grade will be determined according to the following allocation:

1. Class Participation (40%).  This entails regular and thoughtful participation in class discussions as well as assigned in-class presentations.  Any unexcused absences from class may affect your final grade for participation by up to one increment.
2. Papers (60%).  You will write two papers and two rewrites.  (See the tentative syllabus below for the schedule of the written assignments.)

Written papers are to be your original work.  You may work with the instructors in the Writing Lab.  Papers are due at the beginning of the indicated class and you will be penalized up to one increment if they are turned in late.

Academic Honesty:  As in all other courses at Grinnell, you must adhere to standards of honesty in this class.  Feel free to consult the Student Handbook for the official statement of the College policy.  If you ever have questions about this, you should come see me. At a minimum, remember that academic honesty entails the following: 1) work that you present as your own must be the product of your own efforts, and 2) if you rely on a book or any other written material for quotations, ideas, formats, or anything significant you need to indicate your reliance on this outside source in a fashion that puts me clearly on notice.

Course Overview:

Detailed Syllabus

I. Introduction

Thursday, August 29

First Amendment Discussion and Hypothetical

Tuesday, September 3

First Amendment Discussion and Hypothetical (cont.)
Introduction to the American Legal System

Thursday, September 5

Pages 1-21 of Law: Its Nature, Function, and Limits
Village of Skokie v. National Socialist Party of America

Tuesday, September 10

Skokie: discussion continued

II. Law as a Grievance-Remedial Instrument 

Thursday, September 12

Law as a Grievance-Remedial Instrument
Pages 30-31 of Law: Its Nature, Function, and Limits
Introduction

Tuesday, September 17

Remedies within Grievance-Remedial Law
Pages 35-40 of Law: Its Nature, Function, and Limits
Davies v. Mann

Thursday, September 19

Litigation in a Civil Law System
Pages 160-165 of Law: Its Nature, Function, and Limits

Tuesday, September 24

Structures and Processes for applying the Grievance-Remedial Instrument
Pages 71-88 of Law: Its Nature, Function, and Limits
Pages 92-128 of Law: Its Nature, Function, and Limits

Thursday, September 26

Continued: Structures and Processes for applying the Grievance-Remedial Instrument
Pages 71-88 of Law: Its Nature, Function, and Limits
Pages 92-128 of Law: Its Nature, Function, and Limits
Hand out Written Assignment #1

Tuesday, October 1

Limitations of the Law: The Duty to Rescue
Pages 169-171 of Law: Its Nature, Function, and Limits
Tubbs v. Argus
Hand out Final Written Assignment

Thursday, October 3

Open Class

Tuesday, October 8

Role of Private Citizens and their Lawyers
Pages 138-147 of Law: Its Nature, Function, and Limits

Due: First Draft of Written Assignment #1

Thursday, October 10

Peer Editing Exercise of the First Draft of Written Assignment #1

III. Law as Penal-Corrective Instrument

Tuesday, October 15

Guest Lecture: Peter Jarvis
Ethics

Thursday, October 17

Law as a Penal-Corrective Instrument
Begin: Penal-Corrective Techniques

What is theory and the theories of the Law (criminal)?
Pages 180-185 of Law: Its Nature, Function, and Limits

Pages 185-192 of Law: Its Nature, Function, and Limits
Regina v. Dudley & Stephens
M’Naghten’s Case

Due: First Rewrite of Written Assignment #1

Fall Break- October 18-28

Tuesday, October 29

Continue: Penal-Corrective Techniques
Pages 197-201 of Law: Its Nature, Function, and Limits, including Rex v. Esop
Read Durham v. United States, Pages 192-197 of Law: Its Nature, Functions, and Limits- f.y.i. only

Thursday, October 31

Coercive Power- Death Penalty
Pages 224-230 of Law: Its Nature, Function, and Limits
Furman v. Georgia

Due: Outline of Written Assignment #2 (Final Paper)

IV. Law as an Administrative-Regulatory Instrument

Tuesday, November 5

Law as an Administrative-Regulatory Instrument
Why we need government intervention to deal with private beneficial activity
The fundamentals of the administrative system
Pages 299-305 of Law: Its Nature, Function, and Limits
Problem 1

Thursday, November 7

Authorized Makers of Administrative Law
Pages 320-323 of Law: Its Nature, Function, and Limits

Due: Final (Second) Rewrite of Written Assignment #1

Tuesday, November 12

Open Class

V. Law as an Instrument for Facilitating Private Arrangements

Thursday, November 14

Law as an Instrument for Facilitating Private Arrangements
Fundamentals of Contract Law
Pages 533-534, 538, 541-543, 547-552, 554-559 of Law: Its Nature, Function, and Limits  
Lucy v. Zehmer
Hamer v. Sidway

Tuesday, November 19

Remedies in the Law of Contracts
Pages 563-569 of Law: Its Nature, Function, and Limits
Cooper v. Clute
Hadley v. Baxendale
Pierce-Odom, Inc. v. Evenson

Due: First Submission of Written Assignment #2 (Final Paper)

VI. Law to Promote Equality

Thursday, November 21

Law to Promote Equality (Fundamentals of Equal Protection)
Pages 703-709
Korematsu v. United States

Tuesday, November 26

Continued: Law to Promote Equality
713-714, 716-730 of Law: Its Nature, Function, and Limits
Palmore v. Sidoti
Shelley v. Kraemer

Thursday, November 28

No Class- Thanksgiving

Tuesday, December 3

Affirmative Action
Regents of the University of California v. Bakke and its progeny: Hopwood v. Texas and Grutter v. Bollinger

Thursday, December 5

Affirmative Action (continued)
Rodriguez v. San Antonio School District

Tuesday, December 10

Freedom of Religious Expression
Wisconsin v. Yoder

Thursday, December 12

Political Intervention of Majority Opinions
Romer v. Evans

Due: Rewrite of Written Assignment #2 (Final Paper)

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