|
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/s05/pol220-01/
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.)
|
| |
First Assignment:
|
First Rewrite-
|
10% (March 10, 2005)
|
| |
|
Final (Second) Rewrite-
|
15% (April 12, 2005)
|
| |
Final Assignment:
|
First Submission-
|
15% (April 21, 2005)
|
| |
|
Final Rewrite-
|
20% (May 12, 2005)
|
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:
|
I.
|
Introduction
|
| |
|
|
| |
A.
|
First Amendment/Methods of Resolution
|
| |
B.
|
Introduction to the Legal Structure
|
| |
C.
|
Legal Process and Jurisprudence
|
| |
|
|
|
II.
|
Law as a Grievance-Remedial Instrument
|
| |
|
|
| |
A.
|
What is the Grievance-Remedial Instrument?
|
| |
B.
|
Remedies
|
| |
C.
|
Structures and Processes
|
| |
D.
|
Limitations- The Duty to Rescue
|
| |
E.
|
Roles of Different Parties
|
| |
|
|
|
III.
|
Law as Penal-Corrective Instrument
|
| |
|
|
| |
A.
|
Theories of the Law
|
| |
B.
|
Penal-Corrective Techniques
|
| |
C.
|
Structures and Processes
|
| |
D.
|
Coercive Power- The Death Penalty
|
| |
|
|
|
IV.
|
Law as an Instrument for Facilitating Private
Arrangements
|
| |
|
|
| |
A.
|
Fundamentals of Contract Law
|
| |
B.
|
Remedies
|
| |
|
|
|
V.
|
Law to Promote Equality
|
| |
|
|
| |
A.
|
Fundamentals of Equal Protection
|
| |
B.
|
Affirmative Action
|
| |
C.
|
Freedom of Religious Expression
|
| |
D.
|
Political Intervention of Majority Opinions
|
| |
E.
|
Protection of Personal Liberties
|
Detailed Syllabus
I. Introduction
Tuesday, January 25
First Amendment Discussion and Hypothetical
Introduction to the American Legal System
Thursday, January 27
Pages 1-20 of Law: Its Nature, Function, and Limits
Village of Skokie v. National Socialist Party of America
Tuesday, February 1
Skokie: discussion continued
II. Law as a Grievance-Remedial Instrument
Thursday, February 3
Law as a Grievance-Remedial Instrument
Pages 30-31 of Law: Its Nature, Function, and Limits
Introduction
Tuesday, February 8
Remedies within Grievance-Remedial Law
Pages 33-40 of Law: Its Nature, Function, and Limits
Butterfield v. Forrester
Davies v. Mann
Thursday, February 10
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 15
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 Written Assignment #1
Thursday, February 17
Litigation in a Civil Law System
Pages 160-165 of Law: Its Nature, Function, and Limits
Guest Lecture: Herbert Hausmaninger
Tuesday, February 22
Guest Lecture: Visit by Peter Jarvis
Legal Ethics
Role of Private Citizens and their Lawyers
Pages 138-147 of Law: Its Nature, Function, and Limits
Hand out Final Written Assignment
Thursday, February 24
Open Class
Tuesday, March 1
Limitations of the Law: The Duty to Rescue
Pages 169-171 of Law: Its Nature, Function, and Limits
Tubbs v. Argus
Due: First Draft of Written Assignment #1
Thursday, March 3
Peer Editing Exercise of the First Draft of Written Assignment #1
Tuesday, March 8
Open Class
III. Law as Penal-Corrective Instrument
Thursday, March 10
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 15
Continue: Penal-Corrective Techniques
Pages 197-201 of Law: Its Nature, Function, and Limits, including Rex
v. Esop
Thursday, March 17
Open Class
Due: Outline of Written Assignment #2 (Final Paper)
Spring Break- March 18-April 4
Tuesday, April 5
Coercive Power- Death Penalty
Pages 224-230 of Law: Its Nature, Function, and Limits
IV. Law as an Instrument for Facilitating Private Arrangements
Thursday, April 7
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 12
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 14
Law to Promote Equality (Fundamentals of Equal Protection)
Pages 703-709
Korematsu v. United States
Tuesday, April 19
Continued: Law to Promote Equality
713-714, 716-730 of Law: Its Nature, Function, and Limits
Palmore v. Sidoti
Shelley v. Kraemer
Thursday, April 21
Open Class
Due: First Submission of Written Assignment #2 (Final Paper)
Tuesday, April 26
Affirmative Action
Regents of the University of California v. Bakke and Grutter
v. Bollinger
Thursday, April 28
Affirmative Action (cont.)
San Antonio Independent School District v. Rodriguez
Tuesday, May 3
Freedom of Religious Expression
Wisconsin v. Yoder
Thursday, May 5
Political Intervention of Majority Opinions
Romer v. Evans
Tuesday, May 10
Open Class
Thursday, May 12
Open Class
Due: Rewrite of Written Assignment #2 (Final Paper)
|