Summer 2023 - PHIL 329 B100
Law and Justice (3)
Class Number: 2853
Delivery Method: Blended
Course Times + Location:
Tu, Th 12:30 PM – 2:20 PM
AQ 4120, Burnaby
Office: WMC 4627
Prerequisites:One of PHIL 120, 120W, 121, 220, 221, 270, SDA 270, ENV 320W, or REM 320W.
Explores in detail the relationship between the law and theories of justice. Topics range over: the philosophy of punishment, theories of moral responsibility, charter equality rights, and theories of distributive justice. Students with credit for PHIL 333 in Spring 2016 cannot take this course for further credit.
Moral Luck in Criminal Culpability: in one of baseball’s most memorable moments, Hall of Fame pitcher Randy Johnson obliterated an unlucky bird when it flew directly into the path of his fastball (google it). Imagine that instead of a pitch, the bird flew into the path of an assassin’s bullet, thereby preventing the bullet from reaching its target. Even if the would-be assassin were apprehended, he could only be charged with attempted murder, which carries a significantly lower sentence than murder. While this scenario may seem far-fetched, the general phenomenon is ubiquitous—every day, drivers take unnecessary risks by speeding or running stop-signs; people in corporations, laboratories, and government offices sign off on things to which they ought to put a stop, bend the rules, or take unnecessary risks for the sake of convenience, profit, or misplaced generosity. Typically, such untoward actions go unnoticed and unsanctioned (or, at most, mildly sanctioned), but on those rare occasions where they cause significant harm, significant punishment tends to follow. Yet for the thwarted assassin, the reckless driver, and the negligent official, the difference in whether or to what extent one is punished is due wholly to external factors outside of the agent’s control. This feature of our familiar societal blaming practices runs contrary to the pervasive belief that we ought only to be morally assessed for what is in our control. This phenomenon whereby our moral appraisals, such as how much blame or punishment a person deserves, depends on factors outside of one’s control is known as the problem of moral luck. In this course we will take a deep dive into the nature of moral luck and what it reveals about the nature and legitimacy of our blaming practices, especially within criminal law. After approaching the topic from a theoretical perspective, we will turn to a critical investigation of certain specific doctrines within Canadian criminal law where moral luck is especially prevalent.
COURSE-LEVEL EDUCATIONAL GOALS:
This course is taught as intersession, and also blended.
PHIL 329 is required for students doing a Philosophy Major or Minor with a Concentration in Law and Philosophy. It may also be applied towards the Certificate in Ethics: Theory and Application.
- Five short written assignments (less than 500 words) 10% each 50%
- Final paper (two drafts; less than 2000 words) 40%
- Leading two break-out sessions 5%
- Attendance 5%
Course delivery: blended, with roughly 35% online (via Canvas) and 65% in-person. The online asynchronous component will consist of short videos and online discussion.
Written work for this course will be submitted via Turnitin, a third party service licensed for use by SFU. Turnitin is used for originality checking to help detect plagiarism. Students will be required to create an account with Turnitin, and to submit their work via that account, on the terms stipulated in the agreement between the student and Turnitin. This agreement includes the retention of your submitted work as part of the Turnitin database. Any student with a concern about using the Turnitin service may opt to use an anonymous identity in their interactions with Turnitin. Students who do not intend to use Turnitin in the standard manner must notify the instructor at least two weeks in advance of any submission deadline. In particular, it is the responsibility of any student using the anonymous option (i.e. false name and temporary e-mail address created for the purpose) to inform the instructor such that the instructor can match up the anonymous identity with the student.
MATERIALS + SUPPLIES:
[The online component is all asynchronous, so no special instructions required.]
All readings will be made available on Canvas.
Department Undergraduate Notes:
Thinking of a Philosophy Major or Minor? The Concentration in Law and Philosophy? The Certificate in Ethics? The Philosophy and Methodology of Science Certificate?
Contact the PHIL Advisor at email@example.com More details on our website: SFU Philosophy
New elective grade policy : P/CR/NC, pilot project in place from Spring 2021 to Summer 2023. List of exclusions for the new policy. Specifically for Philosophy:
- Students can use a P or CR to satisfy any requirement for a major, joint major, honours, or minor in Philosophy (with the exception of Honours tutorials).
- Students can use a P or CR to satisfy any prerequisite requirement for any PHIL course.
- Students can use a P (but not a CR) to satisfy any requirement for the Ethics Certificate, or the Philosophy and Methodology of Science Certificate.
- Philosophy Majors and Honours students can use a P (but not a CR) to satisfy any WQB requirement.
ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS
SFU’s Academic Integrity website http://www.sfu.ca/students/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