Ph 414:Philosophy of Law
Dr. Amelia M. Wirts
M/W 12:30-2:20 in Savery 168
office hours: TH: 10:30-12:20 in Savery 381
Course Description:
What is law? Is it distinct from morality and politics? If so, how? What role does law play in distributing power in American society? What is a constitution and what legal guidance should it provide? What role do judges have in interpreting law? What kind of role should they have? Is law a tool for fighting oppression, or does law reinforce existing oppressive structures? These are some of the main questions that we will be discussing in this class.
The content of this class will focus on classical debates in philosophy of law about what law is and what the role of judges should be in interpreting it. We will also read criticisms of legal structures from the positions of critical race theory, feminist jurisprudence, and critical race feminism. We will glean this content from philosophical texts, American case law, statutes, and the Constitution.
The goals of this course are for students to learn the basic contours of these debates, to develop the capacity to analyze philosophical texts and American case law, and to apply concepts and critiques from this class to current events.
Special Note:
If you encounter any problem in this class, including feeling behind or lost or needing accommodation because of disability, family concerns, physical or mental health, please talk to me sooner rather than later. We can often find a way to address the issue if we can talk about it early on. I want each student to succeed in this class.
Class Policies and Resources.
Please review these class policies that apply to all UW Philosophy courses. You are responsible for knowing the rules about academic honesty and plagiarism that are discussed in this document. You will also find helpful resources for everything from campus safety to academic resources to emergency resources.
Policies Specific to this Course:
Extensions:
If a health issue or family emergency comes up, please ask for an extension. When asking for an extension, you should email me, preferably before the assignment is due, and simply state your reason for needing an extension. You do NOT have to go into detail about the nature of your illness or family emergency. While I care about your situation, you only have to share what you are comfortable sharing, and you don't need to "prove" that you have a valid reason for asking for an extension.
If you are unable to email before the assignment is due, you can still reach out to me if there is a medical or family-based reason for lateness. (I construe "medical" to include mental health and disability, broadly, and "family" to include loved ones generally.)
All you need to say in the email is "I have a medical issue" or "I had a family emergency" or something like that.
COVID Stuff:
Please always stay home if you are feeling sick, not only to protect others from the spread of COVID, colds, and flus, but also to take care of yourself!
While masking is not required this term, I request that you mask. Your classmates and professors may be immunocompromised or spend time with immunocompromised people and/or children too young to be vaccinated. Masks are proven to significantly slow the spread of all covid variants.
Please be sure that you follow all University, State, County, and City regulations regarding COVID. Get tested if you have symptoms, and follow the instructions if you test positive.
Academic Misconduct
Be sure to read the academic misconduct policy below. Students who turn in papers that are plagiarized or fail to cite outside sources risk receiving a zero for the whole assignment and/or failing the whole course. If you follow the directions in the assignments and do not copy work from other people or from the internet, you should have no problem!
Required Readings:
All required readings will be available in the weekly modules on canvas. There is no textbook to purchase. I will assign readings and post reading quizzes at least one week before they are due.
Grades:
- Reading Quizzes: 10%
- Writing Assignment 1: 10%
- Writing Assignment 2: 15%
- Writing Assignment 3: 20%
- Final Paper Proposal: 5%
- Final Paper 30%
- Class Participation: 10%
Grade Scale
- I convert percentage to the UW 4.0 Scale in the following way:
- 95%=4.0,
- 85%=3.0,
- 75%=2.0
- Between these, 1% =0.1., so a 93%= 3.8
- I round 0.5% up; thus, de facto 94.5%=4.0, 84.5%=3.0, etc.
- I round up 60% to 0.7, instead of leaving the 0.7 cutoff at 62%.
Reading Quizzes:
There will be short, multiple choice reading quizzes to be completed before class on days when there are no other significant assignments due (usually 5 questions). Quizzes will be accessible on Canvas through links on the weekly modules. They must be completed by noon the day before we discuss them in class. They are open book, and I strongly encourage you to take the quiz as you do the reading. I also strongly recommend that you review the correct answers, which will be available on Canvas, after you take the exam but before class. You may not speak to any other students about the content of any quiz until after the quiz closes.
The purpose of these quizzes is both to incentivize you to do the reading and also to give you a sense of how well you are understanding the reading. If you are regularly getting less than 80% on the quizzes, consider taking more time to do the reading or talking with me about strategies for improving reading comprehension. Because there are many of these quizzes, doing poorly on a few will have little impact on your grade, but regularly doing poorly or failing to complete the quizzes will harm your grade.
I drop your lowest 3 quiz grades, and then take the average score of the remaining quizzes.
Writing Assignments
Each writing assignment is designed to develop a specific philosophical writing skill, and each assignment builds on the skills in the previous assignments. In addition to learning philosophical writing skills, these writing assignments also help you learn the content of the course in a deeper way. If you want to really understand an idea, write about it!
Writing assignment 1 will focus on charitably interpreting and reconstructing a philosophical position and the argument that supports it.
Writing assignment 2 will focus on identifying objections and responses to philosophical positions.
Writing assignment 3 will focus on developing your own approach to a philosophical problem in conversation with existing texts and arguments.
Final Paper
As a conclusion to the course, students will propose their own topic and write a paper in conversation with texts from the course. Students should develop a philosophical position and explain how it relates to texts from the course. In developing the position, students should raise and respond to a potential objection.
Participation
Students will not do well in this course if they do not regularly attend and participate in the class. By assigning a direct grade, I am incentivizing this participation, but failure to attend regularly and participate will likely indirectly affect one's ability to do well on other assignments in the course.
One does not have to speak in front of the whole class to get participation points or to get the most out of class. Other forms of participation include contributing in small groups by taking notes, asking questions, and helping the group stay on track. You can also ask me questions one-on-one during small groups or after class.
Tentative Reading Schedule
This is the tentative reading schedule for the term. Weekly Modules will include links to readings, quizzes, and other class materials. Defer to weekly modules where there is a conflict between this list and the weekly modules.
September 28: Introduction
Unit 1: What is Law?
Week 1: Natural Law Theory and Legal Positivism
- October 3: MLK's 'Letter From a Birmingham Jail', Thomas Aquinas, selections from Summa Theologica
- October 5: HLA Hart, "Positivism and the Separation of Law and Morals"
Week 2: Natural Law and Legal Positivism Continued (Hart/Fuller Debate)
- October 10: Lon Fuller, "Positivism and Fidelity to Law: A Reply to Professor Hart"
- October 12: Debate Day
Week 3: Hart/Dworkin Debate
- October 17: Hart, "Law as the Union of Primary and Secondary Rules" and "The Foundations of a Legal System."
- October 19: Finish Hart. Begin Dworkin, "The Model of Rules I" from Taking Rights Seriously
Week 4: Hart/Dworkin Debate
- October 24: and "Integrity in Law" From Law's Empire.
- October 26: Hart/Dworkin Debate
Unit 2: Constitutional Interpretation
Week 5: Start Unit
- October 31: Justice Antonin' Scalia's A Matter of Interpretation
- November 2: NO CLASS/WORK DAY
Week 6: Textualism/Originalism or Rights Protection
- November 7: Dworkin's reply to Scalia
- November 9: Samuel Freeman, "Constitutional Democracy and the Legitimacy of Judicial Review"
Week 7: Constitutional Interpretation Applied/Feminist Jurisprudence
- November 14: Obergefell v. Hodges
Unit 3: Law and Social Change
- November 16: Kathleen Sullivan "Constitutionalizing Women's Equality," US v. Virginia
Week 8: Feminist Jurisprudence continued
- November 21: Catharine MacKinnon, "Unthinking ERA Thinking," and "Towards a Feminist Jurisprudence"
- November 23: NO CLASS (work day)
Week 9: Radical Feminist Theory and Intro to Critical Race Theory
- November 28: Brown v. Board of Education, and Derrick Bell's "Brown v. Board of Education and the Interest Convergence Theory"
- November 30: Delgado and Stefancic "Social Construction of Brown v. Board"
Week 10: Critical Race Theory and Critical Race Feminism
- December 5: Patricia J. Williams, "Alchemical Notes"
- December 7: Conclusion
University Policies and Resources
Academic Misconduct
Academic misconduct, including plagiarism, is prohibited by the Student Conduct Code for the University of Washington and is taken very seriously by the UW. According to the student conduct code, academic misconduct includes:
- "Cheating" which includes, but is not limited to:
- The use of unauthorized assistance in taking quizzes, tests, or examinations, or completing assignments;
- The acquisition, use, or distribution of unpublished materials created by another student without the express permission of the original author(s);
- Using online sources, such as solution manuals, without the permission of the instructor to complete assignments, exams, tests, or quizzes; or
- Requesting, hiring, or otherwise encouraging someone to take a course, exam, test, or complete assignments for a student.
- "Falsification," which is the intentional use or submission of falsified data, records, or other information including, but not limited to, records of internship or practicum experiences or attendance at any required event(s), or scholarly research.
- "Plagiarism," which is the submission or presentation of someone else's words, composition, research, or expressed ideas, whether published or unpublished, without attribution. Plagiarism includes, but is not limited to:
- The use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment; or
- The unacknowledged use of materials prepared by another person or acquired from an entity engaging in the selling of term papers or other academic materials.
- Unauthorized collaboration.
- Engaging in behavior specifically prohibited by an instructor in the course of class instruction or in a course syllabus.
- Multiple submissions of the same work in separate courses without the express permission of the instructor(s).
- Taking deliberate action to destroy or damage another's academic work in order to gain an advantage for oneself or another.
- The recording of instructional content without the express permission of the instructor(s), unless approved as a disability accommodation, and/or the dissemination or use of such unauthorized records.
(Source: WAC 478-121 - Academic Misconduct)
Plagiarism may lead to disciplinary action by the University against the student who submitted the work. Any student who is uncertain whether his or her use of the work of others constitutes plagiarism should consult the course instructor for guidance before formally submitting the course work involved.
Incompletes
Incomplete grades may only be awarded if a student is doing satisfactory work up until the last two weeks of the quarter and has furnished proof satisfactory to the instructor that the work cannot be completed because of illness or other circumstances beyond the student’s control. (Sources: Office of the Registrar – Incomplete Grades), UW General Catalog, Student Guide – Grading System)
Grade Appeal Procedure
A student who believes that the instructor erred in the assignment of a grade, or who believes a grade recoding error or omission has occurred, shall first discuss the matter with the instructor before the end of the following academic quarter (not including Summer Quarter). If the student is not satisfied with the instructor’s explanation, the student, no later than ten days after their discussion with the instructor, may submit a written appeal to the chair of the Department of Philosophy with a copy of the appeal also sent to the instructor. The chair consults with the instructor to ensure that the evaluation of the student’s performance has not been arbitrary or capricious. Should the chair believe the instructor’s conduct to be arbitrary or capricious and the instructor declines to revise the grade, the chair, with the approval of the voting members of his or her faculty, shall appoint an appropriate member, or members, of the faculty of the Department of Philosophy to evaluate the performance of the student and assign a grade. The Dean and Provost should be informed of this action. Once a student submits a written appeal, this document and all subsequent actions on this appeal are recorded in written form for deposit in a School file. (Source: UW General Catalog, Student Guide – Grading System)
Concerns About a Course, an Instructor, or a Teaching Assistant
If you have any concerns about a philosophy course or your instructor, please see the instructor about these concerns as soon as possible. If you are not comfortable talking with the instructor or not satisfied with the response that you receive, you may contact the chair of the program offering the course (names available from the Department of Philosophy, 361 Savery Hall).
If you have any concerns about a teaching assistant, please see the teaching assistant about these concerns as soon as possible. If you are not comfortable talking with the teaching assistant or not satisfied with the response that you receive, you may contact the instructor in charge of the course. If you are still not satisfied with the response that you receive, you may contact the chair of the program offering the course (names available from the Department of Philosophy, 361 Savery Hall), or the Graduate School at G-1 Communications Building (543-5900).
Equal Opportunity
The University of Washington reaffirms its policy of equal opportunity regardless of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or status as a disabled veteran or Vietnam-era veteran in accordance with University of Washington policy and applicable federal and state statutes and regulations.
Access and Accommodations
Your experience in this class is important to the instructor. If you have already established accommodations with Disability Resources for Students (DRS), please communicate your approved accommodations to the instructor at your earliest convenience so you can discuss your needs in this course.
If you have not yet established services through DRS, but have a temporary health condition or permanent disability that requires accommodations (conditions include but are not limited to: mental health, attention-related, learning, vision, hearing, physical or health impacts), you are welcome to contact DRS at 206-543-8924 (Voice & Relay) or uwdrs@uw.edu or disability.uw.edu. DRS offers resources and coordinates reasonable accommodations for students with disabilities and/or temporary health conditions. Reasonable accommodations are established through an interactive process between you, your instructor(s) and DRS. It is the policy and practice of the University of Washington to create inclusive and accessible learning environments consistent with federal and state law.
Sexual Harassment
Sexual harassment is defined as the use of one’s authority or power, either explicitly or implicitly, to coerce another into unwanted sexual relations or to punish another for his or her refusal, or as the creation by a member of the University community of an intimidating, hostile, or offensive working or educational environment through verbal or physical conduct of a sexual nature.
If you believe that you are being harassed, seek help—the earlier the better. You may speak with your instructor, your teaching assistant, the undergraduate advisor (363 Savery Hall), graduate program advisor (366 Savery Hall), or the chair of the philosophy department (364 Savery Hall). In addition, you should be aware that the University has designated special people to help you. For assistance you may contact: SafeCampus; Office of the Ombud (339 HUB, 206-543-6028); Title IX Investigation Office (for complaints that a University student has violated the sexual misconduct provisions of the Student Conduct Code); University Complaint Investigation and Resolution Office (for complaints concerning the behavior of University employees, including faculty, teaching assistants, and other student employees).
Integrity
The Office of Research Misconduct Proceedings (ORMP) coordinates the University’s handling of allegations of research misconduct against members of the University community, in consultations and cooperation with the University’s schools, colleges, and campuses.
University rules define scientific and scholarly misconduct to include the following forms of inappropriate activity: intentional misrepresentation of credentials; falsification of data; plagiarism; abuse of confidentiality; deliberate violation of regulations applicable to research.
Students can report cases of scientific or scholarly misconduct either to the ORMP, to their faculty adviser, or the department chair. The student should report such problems to whomever he or she feels most comfortable.
(Sources: Executive Order No. 61 – Research Misconduct Policy; Office of Research Misconduct Proceedings; minutes of Grad School Executive Staff and Division Heads meeting, 7/23/98.)
SafeCampus
Preventing violence is everyone's responsibility. SafeCampus is the University of Washington’s Violence Prevention and Response Program. They support students, staff, faculty, and community members in preventing violence.
SafeCampus staff will listen to your concerns and provide support and safety plans tailored to your situation. Caring, trained professionals will talk you through options and connect you with additional resources if you want them.
If you're concerned, tell someone.
- Always call 911 if you or others may be in danger.
- Call 206-685-SAFE (7233) to report non-urgent threats of violence and for referrals to UW counseling and/or safety resources. TTY or VP callers, please call through your preferred relay service.
- Don't walk alone. Campus safety guards can walk with you on campus after dark. Call Husky NightWalk 206-685-WALK (9255).
- Stay connected in an emergency with UW Alert. Register your mobile number to receive instant notification of campus emergencies via text and voice messaging. Sign up for UW Alert
- For more information visit the SafeCampus website.
Religious Accommodations
Washington state law requires that UW develop a policy for accommodation of student absences or significant hardship due to reasons of faith or conscience, or for organized religious activities. The UW’s policy, including more information about how to request an accommodation, is available at Religious Accommodations Policy (https://registrar.washington.edu/staffandfaculty/religious-accommodations-policy/). Accommodations must be requested within the first two weeks of this course using the Religious Accommodations Request form (https://registrar.washington.edu/students/religious-accommodations-request/).
Food Insecurity and Hardship
Any student who has difficulty affording groceries or accessing sufficient food to eat every day, or who lacks a safe and stable place to live and believes this may affect their performance in the course, is urged to contact the UW Any Hungry Husky Program. Any Hungry Husky provides hunger relief free of judgment or stigma. Go to https://www.washington.edu/anyhungryhusky/ for information about the food pantry and food security grants. In addition, UW offers emergency aid for students experiencing unexpected financial hardships that may disrupt their education or get in the way of completing their degree. Go to https://www.washington.edu/emergencyaid/ for more information about how to apply.
Guidance to Students Taking Courses Outside the U.S.
Faculty members at U.S. universities – including the University of Washington – have the right to academic freedom which includes presenting and exploring topics and content that other governments may consider to be illegal and, therefore, choose to censor. Examples may include topics and content involving religion, gender and sexuality, human rights, democracy and representative government, and historic events.
If, as a UW student, you are living outside of the United States while taking courses remotely, you are subject to the laws of your local jurisdiction. Local authorities may limit your access to course material and take punitive action towards you. Unfortunately, the University of Washington has no authority over the laws in your jurisdictions or how local authorities enforce those laws.
If you are taking UW courses outside of the United States, you have reason to exercise caution when enrolling in courses that cover topics and issues censored in your jurisdiction. If you have concerns regarding a course or courses that you have registered for, please contact your academic advisor who will assist you in exploring options.