SLW6002ABC - Jurisprudence

Summer Term 2012 Teachers: Nathan Tamblyn, Eva Pils A. Course Objectives
This course introduces you to the philosophy of law, or jurisprudence. Subjects we discuss in this course include the concept of law, the nature of judicial reasoning, theories of justice, and theories of rights. Attention is paid to the different methodological approaches in legal and political philosophy, including analytical, interpretive, sociological, realist and contextual approaches to law. By the end of the course and having done the required reading and writing, you should be able to articulate and justify a considered and coherent position on issues concerning the relationships between law, politics and morals; be able to expound and criticise important ideas of selected jurists; and be able to think in a more abstract or general fashion than is generally achieved in the study of specific areas of law.

B. Method of Assessment
There will be a closed-book exam, which will count for 100% of your overall grade. If your participation during class sessions has been particularly good, this will be counted in your favour in borderline cases.

C. Required and Recommended Books

Note: This list does not include readings available online for individual classes (see below sub D). For each topic, you will be provided with a detailed reading list. Please make sure that you use an up-to-date reading list and that you check your CUHK email regularly. Any questions accompanying the reading list for one particular topic should not be understood as assignments to be done in writing, but merely as questions to help you with reading the texts.

Main Textbooks
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For many topics, required readings will include readings from either one of the two textbooks below. A limited number of copies will be available from the libraries. Jim Harris, Legal Philosophies, 2nd edition. (Oxford University Press, London, London 1997); referred to as Harris in reading lists for this course. Nigel Simmonds, Central Issues in Jurisprudence (3rd edition, Sweet & Maxwell, London: 2008); referred to as Simmonds in reading lists for this course. Further Recommended Textbooks Raymond Wacks, Philosophy of Law. A Very Short Introduction. (Oxford University Press, Oxford: 2006), ca. $100,- ; referred to as Wacks in reading lists for this course. You may want to note that this book is also available in a bilingual Chinese and English edition (the Chinese title is --- ), translated by , ISBN 978-7-5447-0687-2). Michael Freeman, Lloyds Introduction to Jurisprudence (Sweet & Maxwell, London: 2008). James Penner, Richard Nobles, David Schiff (editors), Hugh Collins, Nicola Lacey, Emily Jackson, and Anne Barron, Jurisprudence and Legal Theory: Commentary and Materials (Oxford University Press, Oxford: 2005); referred to as Penner in reading lists for this course. Brian Bix, Jurisprudence. Theory and Context (Sweet & Maxwell, London: 2009). Recommended Works of Jurisprudence for this Course There are many classics in jurisprudence. We will ask you to read selected chapters of the following books. A limited number of copies will be available from the libraries. Ronald Dworkin, Laws Empire, (Harvard University Press: Cambridge MA:1986). John Finnis, Natural Law and Natural Rights (Clarendon Press, Oxford: 1980). Lon Fuller, The Morality of Law (Yale University Press, New Haven: 1964) Herbert L.A. Hart, The Concept of Law, (2nd edition, Oxford University Press, Oxford: 1994).

D. Preliminary Schedule of Classes

This schedule of classes may change. Changes will be announced via the Moodle
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website and email, and so far as possible also in class. You must check Moodle as well as your CUHK email regularly to ensure that you are aware of recent changes and announcements. The schedule below is for groups A, B, and C. Students are required to attend the sessions of the groups they have been assigned to and attendance lists will be kept accordingly. You are responsible for finding out which group you are in and when your classes are. Group B: Monday and Thursday, 9:30 am -12:15 pm Group C: Monday and Thursday, 6:30-9:15 pm Group A: Tuesday and Friday, 9:30 am 12:15 pm
Session 1 2 3 4 5 6 7 8 9 10 11 12 13 Dates (Groups A & B / C) 14/15 May 2012 17/18 May 2012 21/22 May 2012 24/25 May 2012 28/29 May 2012 31 May/1 June 2012 4/5 June 2012 7/8 June 2012 11/12 June 2012 14/15 June 2012 18/19 June 2012 21/22 June 2012 25/26 June 2012 Class BC/A BC/A BC/A BC/A BC/A BC/A BC/A BC/A BC/A BC/A BC/A BC/A BC/A Topic Intro (Nathan Tamblyn) Aquinas (Nathan Tamblyn) Bentham, Austin (Eva Pils) Hart (Hart-Fuller debate) (Eva Pils) Harts The Concept of Law (Eva Pils) Dworkin, criticism of positivism (Eva Pils) Dworkins interpretivism (Eva Pils) Finnis (Nathan Tamblyn) Fuller (Nathan Tamblyn) Duty of charity (Nathan Tamblyn) Enforcement of morals (Nathan Tamblyn) Acquisition of property (Nathan Tamblyn) - tbc tba

E. Plagiarism and cheating

Plagiarism is unacceptable in any context and it is against CUHK guidelines. Any suspected case of plagiarism or cheating discovered in the context of this course will be reported to the relevant committee(s) and may result in a fail grade and further disciplinary consequences. To find out how CUHK defines plagiarism, go to its Academic Honesty Guidelines available at http://www.cuhk.edu.hk/policy/academichonesty/. It is your responsibility to understand and respect the University Guidelines. If

you have any question about this, you should contact your course teachers or seek clarification elsewhere.

F. Questions, Concerns
Please do not hesitate to raise any questions or concerns you may have with either of your course teachers. Questions concerning the organization and general arrangements for this course should be primarily directed to the course leader. You can email or arrange to meet either of us; to avoid disappointment, please send an email if you want to arrange a meeting. Nathan Tamblyn: tamblyn@cuhk.edu.hk Eva Pils: evapils@cuhk.edu.hk