JLS 110

Western Legal Tradition

 

Prof. Deirdre Golash

Fall 2005

 

 

Office:  Ward 252 

Office hours: MTh 2-4:30 pm; T 8-9 pm

Phone:  202 885-2955 (Call any time; you can leave a message if I am not in)

E-mail: dgolash@american.edu

Course website:  http://www.american.edu/dgolash/wltf05.htm

 

Teaching Assistant:  Sharon Melzer (Sharon.Melzer@american.edu)

 
 

 TENTATIVE SCHEDULE
Dates and reading assignments are subject to change! 

Be sure to check with your TA if you miss class announcements.

Date

Reading (in course packet unless otherwise noted)

Assignment

August 29

Introduction

Levinson, The Adultery Clause of the Ten Commandments [handout]

Forward your AU email

 

Law in the Ancient World

 

September 1

Aldred, The Egyptians

The Judgment of the Dead/Spell 125

The Loyalist Instruction from the Sehetepibre Stela

Respond to test email

Post a comment on Blackboard

September 5

Labor Day - Holiday

 

September 8-12

The Code of Hammurabi (c. 1780 B.C.)

 

September 15

Hebrew Law [web]

Glassroth v. Moore (2004) [web]

 

 

Greece

 

September 19

Homer, Iliad (c. 800 B.C.)

Aeschylus, The Furies

 

September 22

Plato (437-347 B.C.): Apology

Plato, Crito

First paper due

September 26

Plato: Gorgias

 

September 29

Plato, Republic

 

October 3

Thucydides, Pelopponesian War (c. 430 B.C.)

 

October 6

Sophocles, Antigone (441 B.C.)

King, Letter from Birmingham City Jail (1963) [web]

In re Judith Miller (2005) [handout]

Links to web materials are on the course website.

October 10

Fall break

 

October 13

MIDTERM (firm date)

Midterm

 

Rome

 

October 17

Cicero, De Legibus (51 B.C.)

Roman Empire (website)

 

October 20

Augustine on Heretics, Letters (4th century A.D.)

 

 

Medieval England

 

October 24

Laws of King Aethelstan:  Doom Concerning Hot Iron and Water (920 A.D.)
Foucault, Discipline and Punish [handout]

 

October 27

The Murder of Thomas Becket

 

October 31

Aquinas, Excerpts from Summa Theologica (c. 1270)

Second paper due

November 3-6

The Act of Succession, 1534
The Oath of Supremacy, 1534
Excerpts from Bolt, A Man for All Seasons [handout]

 

 

Colonial Period

 

November 10

Calvin, God and Political Duty (1559) [web]

Massachusetts Body of Liberties (1641) [web]

 

 

The Enlightenment

 

November 13-17

Hobbes, Excerpts from Leviathan
Charles I’s statement at trial (1649)
English Bill of Rights (1649)

U.S. Bill of Rights (1789)

 

November 20

Locke, Second Treatise of Civil Government, Chs. 2, 8, 9 (1690)

 

November 24

Thanksgiving

 

 

French Revolution

 

November 28

Rousseau, The Social Contract (1762)

 

December 1-5

Montesquieu, The Spirit of Laws (1748)

Declaration of the Rights of Man and the Citizen (1789) [web]

Burke, Reflections on the Revolution in France (1790) [web]

 

 

American Revolution

 

December 8

Declaration of Independence (1776) [web]

Publius, Federalist Papers (1787) [web]

U.S. Constitution (1789) [web]

 

December 12

Review and catch-up

 

December 19

Final exam

Final exam

 

Course Description

 

Content

This course will trace the historical roots of the Anglo-American legal system and its philosophical foundations.  Areas covered include the relation between church and state, criminal law and punishment, and the foundations of government authority.

 

Skills

This course is designed not only to teach you the ideas of others but to help you develop and present your own ideas.  Class discussions will help you to articulate your thoughts on issues presented in the reading and to anticipate objections.  The writing assignments are designed to help you learn to formulate your arguments clearly and concisely.  Making the effort to state your meaning precisely in writing will help you in thinking through your arguments.

 

Materials

 

 

Requirements

 

  1. Participation

·         Attend class consistently

·         Unexcused absences will affect your participation grade.  See Sharon to discuss whether your absence will be excused.

·         If you must miss a class, you are responsible for obtaining notes, assignments, and announcements from a fellow student.

·         Bring the assigned reading to class

·         Print out web materials

·         Handouts will be provided the class before the reading is due.  Missed handouts can be picked up outside my office.

·         Be prepared to discuss the reading. 

  1. Two papers
    • Papers must be submitted via Blackboard by the dates specified on the syllabus.  Papers submitted after the deadline will not be graded.  It is your responsibility to make sure that your computer does not eat your paper.

·         You may revise either or both of these papers in response to comments; your paper will then be re-graded and the new grade will replace the original grade. 

  1. Midterm and final exam
    • Study sheets will be provided for each test. 
    • Tests must be taken on the scheduled dates.  No make-up tests will be given. 
    • In case of documented illness, the student will be entirely excused from the test, and the final grade will be computed from the remaining assignments.

 

Grading

 

  • Participation  - 10%
  • Papers - 20% each
  • Midterm - 20%
  • Final exam - 30%

 

Classroom Etiquette

 

  • Our classroom is full, and it is not possible to enter or exit without disturbing other students.  Please arrive on time and do not leave the room during the class.
  • Please turn off your cell phone before class begins.
  • Laptops and PDA’s are allowed only with prior permission.

 

General Education Credit

 

Western Legal Tradition is one of ten foundation courses in Curricular Area II, Traditions that Shape the Western World, in the General Education Program.  This course is the first of a two-course sequence.  Any of the following courses will complete the sequence:

 

HIST 205   America's Quests:  The US to 1865

JWST 205   Ancient and Medieval Jewish Civilization

PHIL 220   Moral Philosophy

SOCY 215   Rise of Critical Social Thought

JLS 225  American Legal Culture

 

Grading standards

 

Grading standards are in part subjective and excellence in one area may compensate for deficiencies in another.  The following will give you a general guide as to the typical performance associated with each letter grade.

 

A:   all course requirements met, work shows full understanding of course material and an original perspective on the subject

B:   all course requirements met, work shows full understanding of course material (or satisfactory understanding of course material and an original perspective on the subject)

C:  all course requirements met, work shows satisfactory understanding of course material

D:  work fails to meet minimum course requirements, either in full and timely completion of requirements or in satisfactory understanding of course material

F: work falls far below minimum course requirements either in full and timely completion of requirements or in satisfactory understanding of course material.