Nature, Functions, and Limits of the Law

Jonathan Brand
Nollen 1
Office Hours: Tues., 9:00- 10:00 a.m., Wednesday 1:30- 2:30 p.m., and by appointment
e-mail: brand@grinnell.edu
269-4740

Course website: http://web.grinnell.edu/courses/pol/s04/pol220-01/index.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:

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

Tuesday, January 20

First Amendment Discussion and Hypothetical
Introduction to the American Legal System

Thursday, January 22

Pages 1-20 of Law: Its Nature, Function, and Limits
Village of Skokie v. National Socialist Party of America

Tuesday, January 27

Skokie: discussion continued

II. Law as a Grievance-Remedial Instrument 

Thursday, January 29

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

Tuesday, February 3

Remedies within Grievance-Remedial Law
Pages 33 and 35-40 of Law: Its Nature, Function, and Limits
Davies v. Mann

Thursday, February 5

Structures and Processes for applying the Grievance-Remedial Instrument
Pages 71-88 of Law: Its Nature, Function, and Limits
Pages 91-128 of Law: Its Nature, Function, and Limits

Tuesday, February 10

Open Class

Hand out Written Assignment #1

Thursday, February 12

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

Tuesday, February 17

Continued: Structures and Processes for applying the Grievance-Remedial Instrument
Pages 71-88 of Law: Its Nature, Function, and Limits
Pages 91-128 of Law: Its Nature, Function, and Limits

Hand out Final Written Assignment

Thursday, February 19

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

Tuesday, February 24

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, February 26

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

Tuesday, March 2

Guest Lecture: Visit by Peter Jarvis
Legal Ethics

III. Law as Penal-Corrective Instrument

Thursday, March 4

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

Tuesday, March 9

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, March 11

Open Class

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

Spring Break- March 13-29

Tuesday, March 30

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

IV. Law as an Instrument for Facilitating Private Arrangements

Thursday, April 1

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, April 6

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: Final (Second) Rewrite of Written Assignment #1

V. Law to Promote Equality

Thursday, April 8

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

Tuesday, April 13

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

Thursday, April 15

Open Class

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

Tuesday, April 20

Affirmative Action
Regents of the University of California v. Bakke and Grutter v. Bollinger

Thursday, April 22

Affirmative Action (cont.)
San Antonio Independent School District v. Rodriguez

Tuesday, April 27

Freedom of Religious Expression
Wisconsin v. Yoder

Thursday, April 29

Political Intervention of Majority Opinions
Romer v. Evans

Tuesday, May 4

Protection of Personal Liberties (if time)
Roe. v. Wade

Thursday, May 6

Open Class

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

Grinnell College Home Page | Political Science Home Page
This page last modified January 20, 2004