Spring 2025 - CRIM 338 D100
Philosophy of Law (3)
Class Number: 3159
Delivery Method: In Person
Overview
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Course Times + Location:
Jan 6 – Apr 9, 2025: Thu, 10:30 a.m.–12:20 p.m.
Burnaby
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Instructor:
David Macalister
dmacalis@sfu.ca
1 778 782-3019
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Prerequisites:
CRIM 101 and 135.
Description
CALENDAR DESCRIPTION:
Introduction to the philosophy of law. Concepts of law, constitution and sovereignty. The nature and sources of the law. Examination of natural law, legal positivism, Kelsen's pure theory of law, legal realism, modern normative and analytical theories, critical legal theory and feminist theory.
COURSE DETAILS:
This course begins with a survey of some of the dominant classical and modern theories about the nature of law. These include natural law theory, legal positivism, legal realism, interpretive theories of law, critical legal studies and feminism. Our concerns will then become focused upon the philosophical dimensions of specific areas of legal controversy and debate. These include law and liberty, the connection between law and morality, civil disobedience, the legitimacy of torture, and the nature of rights. Lectures and discussions will also include a consideration of philosophical issues that arise in criminal law. These include a consideration of different bases for criminal liability, and a consideration of the aims and limits of criminal punishment.
COURSE-LEVEL EDUCATIONAL GOALS:
- Identify, explain and critically analyze prominent theories of the nature of law and of judicial roles (e.g., natural law theory, legal positivism, legal realism, interpretive theories of law, and critical legal studies)
- Identify and describe classic philosophical materials and textual commentary that raise questions about the nature and status of laws, and the judicial role in interpreting and applying them
- Explain and critically analyze the relationship between law and morality
- Identify and explain specific philosophical issues relevant to criminal justice systems (e.g., how liberal ideas of the limits of state authority are reflected in Canada’s legal system and judicial decision-making)
- Explain and critically analyze determinations of criminal culpability, the appropriateness of punishment, and the use of extreme measures in times of national emergency
- Explain and critically analyze different philosophical discourses from particular legal domains, such as criminal liability, contracts, torts, equal treatment, statutory and constitutional interpretation, and stare decisis
Grading
- Participation 10%
- Midterm Exam 20%
- Final Exam (in final exam period) 20%
- Short Paper 20%
- Quizzes on Hart (3% x 10) 30%
Materials
REQUIRED READING:
- Keith C. Culver & Michael Giudice (eds.). Readings in the Philosophy of Law (3rd Edition). Peterborough, ON: Broadview, 2017.
- L.A. Hart. The Concept of Law (3rd Edition). Oxford: Oxford University Press, 2012.
- Additional readings will be available through Canvas or through Library resources.
REQUIRED READING NOTES:
Your personalized Course Material list, including digital and physical textbooks, are available through the SFU Bookstore website by simply entering your Computing ID at: shop.sfu.ca/course-materials/my-personalized-course-materials.
Department Undergraduate Notes:
If you have any Criminology course enrollment requests (course adds, course swaps), please contact a Criminology advisor. Please do not contact instructors for enrollment assistance as they will ultimately refer you to a Criminology advisor.
Criminology course enrollment requests should be sent to a Criminology advisor no later than the last day of the Second week of classes. Late enrollment requests are subject to approval and are not guaranteed.
Enrollment requests for non-Crim courses should be directed to the advisor for the program offering the course.
ATTENTION: STUDENTS WITH A DISABILITY: Please contact the Center for Accessible Learning, (MBC 1250 or Phone 778-782-3112) if you need or require assistance, not your individual instructors.
- N.B.: Students are reminded that attendance in the first week of classes is important. However, there are no tutorials in the first week.
- ON CAMPUS COURSES ONLY: Assignments not submitted to the Professor/T.A. during class/office hours must be placed in the security box behind the General Office (SWH 10156), or submitted as per Professor’s instructions for courses taking place at Surrey Campus. The assignment drop box is emptied Monday to Friday at 8:30 a.m. and 3:30 p.m. only, with the contents date stamped accordingly. No other department’s date stamp will be accepted (e.g. Library/Campus Security). For the Surrey Campus, assignments must be hand delivered to the General Office of the Faculty of Arts and Social Sciences, located at SUR 5180, on Monday through Friday, between 8:30 a.m. and 3:30p.m., or placed in the assignment drop box located at the southwest corner of Galleria 5. The Surrey assignment drop box is emptied Monday through Friday at 8:30 a.m. and 3:30 p.m., with the contents date stamped accordingly. The School of Criminology is not responsible for assignments submitted in any other manner (e.g., slid under office doors). The University does NOT accept assignments by fax or email.
- A student must complete ALL aspects of a course (including assignments, exams, class participation, presentations, chat room components of Distance Education courses and other), otherwise they will receive a grade of N.
- The University has formal policies regarding intellectual dishonesty and grade appeals which may be obtained from the General Office of the School of Criminology.
- Under GP18, the University has policies and procedures which respond to our obligations under the BC Human Rights Code to provide a harassment and discrimination free environment for the students, staff and faculty of this institution. Members of this community have an affirmative obligation to safeguard the human rights of others.
UNIVERSITY POLICY FORBIDS FINAL EXAMINATIONS WHILE CLASSES ARE STILL IN SESSION.
Students with hidden or visible disabilities who believe they may need class or exam accommodations, including in the current context of remote learning, are encouraged to register with the SFU Centre for Accessible Learning (caladmin@sfu.ca or 778-782-3112) as soon as possible to ensure that they are eligible and that approved accommodations and services are implemented in a timely fashion.
Registrar Notes:
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
RELIGIOUS ACCOMMODATION
Students with a faith background who may need accommodations during the term are encouraged to assess their needs as soon as possible and review the Multifaith religious accommodations website. The page outlines ways they begin working toward an accommodation and ensure solutions can be reached in a timely fashion.