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JLS 602 LAW AND SOCIETY: LEGAL THEORY Fall 2005 Prof. Deirdre Golash Class hours: Tuesday 5:30 -8:00 Office: Ward 252 Office hours: Monday 2-4:30 pm; Tuesday 8:00-9:00 pm; Thursday 2-4:30 pm Phone: (202) 885-2955 Email: dgolash@american.edu - To assure prompt response, include "JLS 602" in your subject line. Course Description This course addresses the fundamental questions of legal theory: What is law? What is a legal system? Is judicial discretion consistent with the rule of law? To what extent does law have moral content? Materials H.LA. Hart, The Concept of Law Ronald Dworkin, Law’s Empire Online materials (Lexis, web, etc.) Handouts Requirements All students are expected to read the assigned materials carefully and to come to class prepared to discuss them. There will be two quizzes (multiple choice/short answer) and a final exam. Each student will write a term paper in three stages: 1. Literature review; 2. Commentary; 3. Final paper, based on revised versions of 1 and 2. Grading Attendance and participation - 10% Tests – 40% Literature review – 10% Commentary – 15% Final Paper – 25%
TENTATIVE SCHEDULE Dates and assignments are subject to change.
August 30	Introduction Levinson, Interpretation and the Ten Commandments [Handout #1] Griswold v. Connecticut, 1965 [Handout #1] Eisenstadt v. Baird, 1972 [Handout #1]	-
September 6	Legal Reasoning Post, Stare Decisis [Handout #2] Llewellyn, The Bramble Bush [Handout #2] Kairys [Handout #2] Privacy Cases Roe v. Wade, 1973.	For each case, find the issue, sources of law, outcome, and argument. What specific issues do the justices disagree on?
September 13	Bowers v. Hardwick, 1986. Planned Parenthood v. Casey, 1992. Traditional Natural Law and Positivist Theories Aquinas on Law Hart, Concept of Law, Ch. 2	-
September 20	20th Century Positivism Austin, Province of Jurisprudence Determined [Handout #3] Hart, Concept of Law, Ch. 3&4	-
September 27	Hart, Concept of Law, Ch. 5&6 Dworkin, The Model of Rules, University of Chicago Law Review 35: 14-46.	-
October 4	Law as Integrity Dworkin, Law's Empire, Ch 1-3	Quiz
October 11	Fall break	-
October 18	Dworkin, Law's Empire, Ch 4, 6, 7 Bell, After We’re Gone, 34 St. Louis U.L.J. 93, 404 (1990)	Lit review -
October 25	New Natural Law Theory Finnis, Natural Law and Natural Rights [handout]	-
November 1	Critical Legal Theory Kennedy, Form and Substance in Private Law Adjudication Solum, On the Indeterminacy Crisis	-
November 8	Feminist Legal Theory West, Jurisprudence and Gender Olsen, Statutory Rape	Commentary
November 15	Privacy and Gay Rights Romer v. Evans, United States Supreme Court,1996 Lawrence v. Texas, 2003.	-
November 22	Finnis, The Good of Marriage and the Morality of Sexual Relations (Lexis) West, Universalism, Liberal Theory, and the Problem of Gay Marriage	Quiz
November 29	Critical race theory Patricia Williams, On Being the Object of Property Alan Freeman, Legitimizing Racial Discrimination	-
December 6	Law and economics Calabresi and Malamed, Property Rules, Liability Rules and Inalienability	-
December 13	Final paper due	-
December 20	-	Final Exam