Justice, Morality and the Law
Professor David Fagelson
Fall 2018

 

 

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Coordinates

Class Hours/Venue: Mon/Thus 12:55 PM - 2:10PM/ Kerwin 205
Office Kerwin 248
Office hours M/Th 2:15PM - 3:45PM
  Virtual Hours Wednesday 9-10PM and by appointment.
Virtual Hours Address Link -- Here
Phone:Cell Number
Distributed in Class.
(Call or text me any time leave a message if I am out.)
Course Web Site: http://fs2.american.edu/dfagel/www/dfagel.html
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You will be expected to look for any class assignments either here or on our blackboard site.


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Materials

Required:


Readings will be made available as links from the Web site.top

Course Description

Content

This course focuses on the philosophical grounding of various positions on moral issues in the public forum. After studying two principal approaches to moral questions, we will apply them to specific current issues.  The course will also examine the limits of law in enforcing moral standards and the tensions between liberty and control.  You will be encouraged to develop and argue for your own position on these issues.  

 

Skills

. It is assumed, however, that you will have had some exposure to conceptual and normative (that is to say ethical) reasoning. The course also assumes that you have the capacity to synthesize information and present your own ideas orally and in writing. This course will help develop further your analytical skills particularly as they apply to legal and moral reasoning. This course is designed not only to teach you the ideas of others but also to help you develop the capacity to engage in original thinking and research to advance those ideas further. Hence, it is absolutely essential to have completed each reading assignment and to be prepared to speak in each class.

 Requirements

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*          Active class participation : all students are expected to attend class regularly and to be prepared to discuss the reading. Students may be called upon to participate in class and no passing is permitted. Each student will be allowed 1 un-excused absences. Any additional un-excused absence will reduce your final grade by one whole grade per absence. Study the class calendar carefully to make sure you don't have any prior commitments that would preclude you from meeting these requirements.

*        There will be two tests and a final exam assigned as follows:




Grading (subject to qualification described below)

ACTIVITY
ASSIGNED
DUE
RETURNED
Class Participation: 20%
Passim
Exams 50% (2 @ 25% each)    
Test One
October 11    
Test Two
November 15    
Final Examination: 30%
Thu, Dec 13, 2018 11:20AM-01:50PM

 

Standards: Grading standards are in part subjective and excellence in one area may compensate for deficiencies in another. No curve will be used to calculate the grades in this class. Hence, it is theoretically possible for every student to receive an A if he or she meets the standards for that grade. My primary goals are for each student to develop the critical thinking skills and to understand the ideas covered in this course by the time it is completed. If later exams and papers illustrate this proficiency, earlier grades which do not will be discounted. The following will give you a general guide 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.

 

University and Classroom Standards

The American University's "Academic Integrity Code" governing standards for academic conduct apply. Students may discuss the subject matter of their essays with anyone. All students, however, must compose their own essays and may not show or read their essays to any other persons, except for proofreading or typing assistance by a person not enrolled or previously enrolled in the course. The use of another person's words or ideas without proper attribution constitutes plagiarism or false authorship. Both are serious academic offenses. By turning in an essay, a student is certifying that the essay is entirely his/her own work. If there are any questions about this matter, consult the Academic Integrity code or see the instructor.

 

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Reading

TENTATIVE SCHEDULE
Week 1      
       
Aug 27 Introduction    
     
Aug 30 Fay And Moon What Would An Adaquate Social Science Look Like?
     

The Ideas of Morality and Justice

     
Weeks 2 & 3    
     
     
What is Morality    
Sept 7 Ayer Moral Judgment
  Dworkin Truth In Morals
   
What Is Justice Marx On The Jewish Question
Sept 10 - 13 Rawls The Role of Justice
     Justice As Fairness_Abridged
     
     
Weeks 4 & 5    
     
     
Conditional or Imperative?    
Sept 17, 20, 24 Bentham Principles of Morals and Legislation (Chapters I-V Inclusive)
  Mill On Utilitarianism (Capters 1 and 2 pp 205 - 226)
  Kant The Categorical Imperative (Section Three)
  Legal Cases Dred Scott v Sandford
    US v Caroll Towing
    Kelo v City of New London
    Hamdan v Rumsfeld
     
Weeks 6 & 7    
     
Rights -- Why, How and Whose    
Sept 27 Oct 1 Locke Secoond Treatise On Government (Chapters 1-9 Inclusive)
  Rousseau Discourse On Inequality
     
     
October 4-8 Sen Development As Freedom (Introduction And Chapter One)
  Okin Chapter 3-- Family Beyond Justice
  Sandel The Procedural Republic and the Unencumbered Self
  Moller Okin Is Multiculturalism Bad For Women
    Wisconsin v Yoder
    Mozert v Hawkins
    In Re Kasinga
     
     
Week 8    
     
Oct 11 In Class Exam  
     
     
Human Rights - Their Possibility Kant Perpetual Peace
Oct 15-18 Rawls The Law of Peoples
  International Criminal Court The Rome Statute
  Bell and Carens Ethical Dilemas of Human Rights NGOs
     
 

 

Week 9

   
     
     
Means and Ends    
  Fagelson Torture and the Rule of Law (pp.9-30)
Oct 22-25 Walzer     Dirty Hands (The Article)
  Weber Politics As A Vocation
  John Yoo and Judge Bybee Justice Department Memos on Torture
  Hassan An Arsenal of Believers: Talking To Human Bombs
  Human Rights Report The Law Of The War On Terror
  Stanford Encyclopedia of Philsophy Doctrine of Double Effect
  Geneva Convention Third Article 1949 International Law On Torture
     
     
Week 10    
     
     
Obligation And Disobedience    
  MBE Smith Is There A Prima Facie Obligation To Obey The Law?
Oct 29 - Nov 1 John Rawls Civil Disobedience From Theory of Justice pp 363-391
  Ronald Dworkin Civil Disobedience And Nuclear Protest
  Fagelson & Klusmeyer Justifying Official Disobedience
  Edward Snowden The Snowden Saga: A Shadowland of Secrets and Light
  Glenn Greenwald & Snowden Interview
   
     
Week 11    
     

 

   
     

 

   
     
     
     
 
     
     
 
   


            

FINAL EXAM

     
    Mackie_ Ethics: Inventing Right And Wrong.