Introduction
to Law and Justice Professor Christopher Professor Howenstein
Spring
2005 Office:
B-231, x7418 Office:
B-238, x7431
W
10:45-1:15 Hours:
TF 11;30-1:00, TF 11:30-1:00,
B-216 or by appointment or by
appointment
rchristo@ramapo.edu mhowenst@ramapo.edu
Course Description
This course will explore the dialectical relation between Law and
Justice from the perspective of the humanities– drawing upon the disciplines of
jurisprudence, literature, history and philosophy in the process. The focus of the course regards the many ways
in which justice as both a moral and a legal construct has been conceived by
writers throughout the ages–from Biblical and Hellenic to modern and
contemporary times. Particular emphasis
will be given to the theoretical foundations of law, the socio-historical
embeddedness of law and justice, the relationship of the individual to state
authority, and the quest for a universal conception of justice. This course satisfies the 100 level general
education requirement for the humanities, and is also the first of two required
100 level courses for the Law and Society major.
Required Texts
Aquinas, Treatise on
Law (Hackett, 2000)
Golding, Lord of the
Flies (Perigree, 1959)
Aeschylus, The Oresteia
(University of Chicago, 1983)
Dostoevsky, The Grand
Inquisitor (Hackett, 1993)
Sophocles, Antigone
(HBJ, 1977)
Plato, The Last Days
of Socrates (Penguin, 2003)
Thoreau, On the Duty
of Civil Disobedience (Muste)
King, Loving Your
Enemies (Muste)
All texts are required and should be
available in the college bookstore. Use
of the specified editions will facilitate your reading and allow us to share
page references during lectures and discussions. The text under discussion should always be
brought to class.
Student Responsibilities
This course requires your utmost diligence. Class preparation is essential. We will be discussing some of the most
challenging and thought provoking works of Western "legal" literature,
but their insights will appear only after due preparation on your part. Such preparation requires careful and
attentive reading of these texts, critical thinking about the issues presented
therein, and active participation discussing these issues in class.
Class
attendance is necessary to properly understand these texts, and will be
considered in your final grade.
Extensive absences (four or more) will jeopardize a passing grade;
active presence will enhance it.
However, class attendance is more than mere presence in the
classroom. Attention to the spirit of
the text requires the constant questioning of its truth. Such attendance is demonstrated in part by your
active participation in class, as well as your presence at my office hours. To further facilitate such attendance, weekly
position papers regarding the assigned readings may be required, and random
quizzes will be given throughout the semester.
Written Work and Evaluation
There will be one midterm and a
comprehensive final examination–both of which will be of the short answer and
essay type. In addition, there will be
two short critical papers (3-4 pages each) asking you to treat thoughtfully a
given topic pertinent to your readings.
Finally, there will be random quizzes given throughout the semester
regarding the assigned readings for the day.
A
final grade in the course will be evenly weighted among all of these
requirements, including spot quizzes, attendance and participation.
Note: Assignments must be submitted in a timely manner (in class on
the date due), and will not be accepted otherwise without a legitimate
excuse. Failure to meet any of these
requirements will jeopardize your grade, and place you in danger of failing
this course.
Course Accommodation
Any student who has special needs because of any type of disability,
should see Professor Christopher or Howenstein as soon as possible to make the
appropriate accommodations.
Schedule of
Feb. 2
Introductory Meeting: Foundations of Law and the Quest for Justice
I. Foundations of Law
Feb. 9 Natural Law
Feb. 16 Positive
Law
The Queen v.
Dudley and Stephens (online)
Feb. 23 Law in a State of
II. Reviving Law through Justice in History
Mar. 2 The Greek Transition from Revenge to Justice
Mar. 9 The Passage from Mosaic to Christian Law
Deuteronomy: 5-6, 8, 11:26-28, 32:16-43; Job:
1-3, 14, 37:14-42:6;
Matthew: 5-7, 15:1-20, 22:15-40.
(From a Bible translation of your choice)
First Critical Paper Due
Mar. 16 Midterm
Examination
Mar. 23 Spring Break; No Class
Anglo-American Historical Milestones
Mar. 30 Magna Carta and the Glorious Revolution
[www.archives.gov
(exhibit hall)] (online)
The
Glorious Revolution, English Bill of Rights and Locke’s Second
Treatise of Civil Government (online)
Apr. 6 The American Revolution and the Birth of
Constitutional Democracy
Readings: The Declaration of Independence,
U.S. Constitution and Bill of Rights
[www.archives.gov
(exhibit hall)] (online)
III. The Quest for Justice: The
Individual v. State Authority
Apr. 13 The
Seduction of the Herd
Apr. 20 The Moral Limits of Legal Obligation
Apr. 27 The
Tragedy of Law and the Law of Tragedy
May 4
The Inversion of Justice and the Rise of Modern Civil Disobedience
King, Loving Your Enemies and Letter from a Birmingham Jail
May 11
Make up and Review
May 18
Final Examination