Waseda Theme 82 syllabus (provisional)

English: Theme 82 (Spring 2007) Theme 82 (Fall 2007)

Dr. Geoffrey Roche

Waseda University School of Law

Philosophy for Law Students I: Introduction to Philosophy for Law Students

PROVISIONAL

1.1 Course Summary

This course will provide an introduction to some key philosophical concepts and approaches, and will negotiate questions such as the following: what makes an action the right, or the ethical, thing to do? what principles of justice and ethics should a community adopt and enshrine in its legal system? Is there even a universally applicable standard, or is law merely subjective? We will consider these central debates, with an eye to the real- world implications of what answers we give. The first few classes will be a general introduction to the practice of philosophy, and will be followed by discussions on the basic principles of ethics and policy. The semester will end with discussions of some contemporary moral issues. Each class will consist of both lecture and discussion components, and students are expected to actively participate.

1.2 Syllabus

Week 1: Introductory Discussion: What is philosophy? What is Ethics? What is

Law? And what is the relationship between the three?

Week 2: Reason and Argument: An Introduction

Week 3: Legal Dilemma: The United States vs. Holmes (1848)

Week 4: Moral Relativism

Week 5: Natural Law Theory

Week 6: Socrates and Obedience to the Law

Week 7: Utilitarianism: Bentham and Legal Reform

Week 9: Kant and Capital Punishment

Week 10: Hobbes & The Social Contract

Week 11: Euthanasia

Week 12: The Death Penalty

Week 13: Review

Week 14: Examination

Philosophy for Law Students II: Philosophical Problems in Law

2.1 Course Summary

This course will continue from Theme 82 (Spring Semester). Whereas the Spring course was a general overview of basic principles in ethics, the Fall semester class will deal with central debates in contemporary legal and moral theory. There will also be lectures dealing with specific contemporary moral and legal debates, in particular the concept of the ‘war crime,’ theoretical justifications for punishment, the nature of censorship, and the nature of copyright.

PROVISIONAL

2.1 Syllabus

Week 1: John Rawls

Week 2: Robert Nozick: Anarchy, State and Utopia

Week 3: Michel Foucault: Discipline and Punish

Week 4: Turnbull

Week 5: The Free Will Problem and Justice: “The Twinkie Defense”

Week 6: Media and the Law: Pornography and Censorship

Week 7: Cultural practices vs. Universal Law: Legal Moralism vs. Legal Paternalism

Week 8: Just War Theory and War Crimes

Week 9: Atrocity Denial

Week 10: Euthanasia vs. Murder: The Trial of Dr. Anna Pou

Week 11: Natural Law Theory vs. Legal Positivism

Week 12: Justifications of Punishment

Week 13: Review

Week 14: Examination

Textbook: There will be no set text. Handouts will be distributed.

Grading Method:

Assessment will consist of in- class discussions and participation (30%), tasks and discussion (20%), a short presentation (20%) and an assignment of at least 1000 words (30%).