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

To find out how CUHK defines plagiarism. Group B: Monday and Thursday.hk/policy/academichonesty/. Students are required to attend the sessions of the groups they have been assigned to and attendance lists will be kept accordingly. and so far as possible also in class. 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. You are responsible for finding out which group you are in and when your classes are. It is your responsibility to understand and respect the University Guidelines. If 3 . and C.edu. Austin (Eva Pils) Hart (Hart-Fuller debate) (Eva Pils) Hart’s The Concept of Law (Eva Pils) Dworkin. 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.tbc tba E. You must check Moodle as well as your CUHK email regularly to ensure that you are aware of recent changes and announcements. Plagiarism and cheating Plagiarism is unacceptable in any context and it is against CUHK guidelines. 9:30 am -12:15 pm Group C: Monday and Thursday. The schedule below is for groups A.website and email.cuhk. criticism of positivism (Eva Pils) Dworkin’s interpretivism (Eva Pils) Finnis (Nathan Tamblyn) Fuller (Nathan Tamblyn) Duty of charity (Nathan Tamblyn) Enforcement of morals (Nathan Tamblyn) Acquisition of property (Nathan Tamblyn) . go to its Academic Honesty Guidelines available at http://www. 6:30-9:15 pm Group A: Tuesday and Friday. B.

you have any question about this. you should contact your course teachers or seek clarification elsewhere. F. You can email or arrange to meet either of us. Questions.edu.hk Eva Pils: evapils@cuhk. Questions concerning the organization and general arrangements for this course should be primarily directed to the course leader.edu. please send an email if you want to arrange a meeting. Concerns Please do not hesitate to raise any questions or concerns you may have with either of your course teachers. to avoid disappointment.hk 4 . Nathan Tamblyn: tamblyn@cuhk.