Simon Fraser University
Engaging the World

Course Outlines

Spring 2017 - PHIL 329 D100

Law and Philosophy (3)

Class Number: 6215

Delivery Method: In Person

Overview

  • Course Times + Location:

    Jan 4 – Apr 7, 2017: Thu, 11:30 a.m.–2:20 p.m.
    Burnaby

  • Prerequisites:

    One of PHIL 120W (or equivalent), 121, 220, 221, ENV 320W, or with permission of instructor.

Description

CALENDAR DESCRIPTION:

Explores in detail classic problems in the law using the methods and resources of philosophy. Topics may include: the philosophy of punishment and theories of moral responsibility; charter equality rights and the nature of social equality; constitutional interpretation and the philosophy of language; the assessment of evidence and formal epistemology; the intellectual origins of the theory of natural law and natural rights. Students with credit for PHIL 333 in Spring 2016 cannot take this course for further credit.

COURSE DETAILS:

Equality and Its Moral Foundations

Note: Students with credit for PHIL 333 in Spring 2016 cannot take this course for further credit.

This is an intermediate level course in law and philosophy that focuses on the idea of distributive justice. We begin by examining some of the jurisprudence that relates to Section 15 of the Charter of Rights and Freedoms (the Equality Clause) prohibiting discrimination, requiring employment equity, and respect for religious schools. We then examine some philosophical controversies surrounding the moral justification for legal requirements of that kind. Topics will include:

  • Distributive vs Relational Conceptions of Justice 
  • The Nature of Domination
  • Luck, Egalitarianism and Equality of Opportunity
  • Expressive Harms and Discrimination 
The course is organized around one lecture each week for a total of three hours. Students are expected to contribute to class discussion and will be required to read 2 papers or book chapters each week. They will also be required to synthesize the readings to complete their final research paper.

COURSE-LEVEL EDUCATIONAL GOALS:

The general aim of the course is for students to learn how to:

  • Identify a thesis and its supporting arguments in philosophical materials and other relevant sources        
  • Engage with those arguments in respectful discussion with peers         
  • Construct written arguments          
  • Conduct independent research          
  • Acquire familiarity with relevant jurisprudence          
  • Engage with the moral foundations of the law and policy using philosophical arguments and methods 

This course is excellent preparation for: law school, graduate school in philosophy, public policy degrees, or business school, or for anyone intending to participate in public debates on domestic and foreign policy.

This course is required for students doing a Philosophy Major or Minor with a concentration in Law and Philosophy.

PHIL 329 may also be applied towards the Certificate in Ethics: Theory and Application. 

 

Grading

  • Three short assignments (from a total of four, max 1 per week, due prior to class; the first due no later than week 4 and the last due no later than week 12, 600 words max) 15%
  • One short research paper (1200 words, due at Lecture Week 8) 30%
  • One longer research paper (2500 words, due at Lecture Week 13) 45%
  • Participation (comprising both attendance and contribution to class discussion or office hour discussion) 10%

NOTES:

Short and long papers must conform to the model described in “One Way to Write a Philosophy Paper” – available on Canvas.

Please consult the Course Policies document on Canvas (covering issues ranging from special accommodation for student needs to academic dishonesty).

No Nonsense Paper Policy: In the interest of preserving a level playing field students submitting late papers without prior arrangement or a doctor's note will be penalized. Students caught plagiarizing or otherwise cheating will normally be recommended for suspension from the university.

Materials

REQUIRED READING:

All materials will be available from the Library. There is no course reader or text.

Registrar Notes:

SFU’s Academic Integrity web site http://students.sfu.ca/academicintegrity.html is filled with information on what is meant by academic dishonesty, where you can find resources to help with your studies and the consequences of cheating.  Check out the site for more information and videos that help explain the issues in plain English.

Each student is responsible for his or her conduct as it affects the University community.  Academic dishonesty, in whatever form, is ultimately destructive of the values of the University. Furthermore, it is unfair and discouraging to the majority of students who pursue their studies honestly. Scholarly integrity is required of all members of the University. http://www.sfu.ca/policies/gazette/student/s10-01.html

ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS