Spring 2025 - PHIL 326 D100

Topics in Law and Philosophy (3)

Legal Epistemology

Class Number: 6355

Delivery Method: In Person

Overview

  • Course Times + Location:

    Jan 6 – Apr 9, 2025: Tue, 11:30 a.m.–2:20 p.m.
    Burnaby

  • Prerequisites:

    One of PHIL 120, 120W, 121, 220, 221, 270, SDA 270, ENV 320W, or REM 320W.

Description

CALENDAR DESCRIPTION:

Explores in detail classic problems in the law using the methods and resources of philosophy. Topics may include: problems in professional ethics facing lawyers; philosophical issues in international law and human rights; 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; or others. Students may repeat this course for further credit under a different topic.

COURSE DETAILS:

Selected Topics: Legal Epistemology 

Legal practice in Canada and in the United States appeals to a wide variety of epistemological concepts and principles. It involves the ideas of proof, evidence, doubt, testimony, expertise, reasoning and so on. This course questions various epistemological issues raised by Canadian and American legal practices. Questions to be discussed may include:

  • How do courts reason about causation?
  • Why does evidence have probative value?
  • Are there any good reason to exclude probative evidence in a court of law?
  • Should legal standards of proof be sensitive to practical factors?
  • Do epistemic notions like sensitivity, safety, reliability, knowledge, and justification have legal import?

COURSE-LEVEL EDUCATIONAL GOALS:

PHIL 326 is required for students doing a Philosophy Major or Minor with a Concentration in Law and PhilosophyIt may also be applied towards the Certificate in Ethics: Theory and Application. This course can be repeated for credit under a different topic. 

By the end of the course, students should be able to:

  • Identify and reconstruct philosophical arguments
  • Write upper-level undergraduate philosophy papers
  • Conduct independent research
  • Engage with fundamental philosophical issues in law using philosophical arguments and methods

Grading

  • Two short assignments 10%
  • Leading breakout sessions 5%
  • In-class writing assignment 15%
  • In-class quiz 15%
  • Final term paper 45%
  • Attendance 5%
  • Contribution to class discussion 5%

REQUIREMENTS:

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

REQUIRED READING:

This course does not require the purchase of any book. All readings can be freely accessed online, either through the university library or in a folder on Canvas.


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:

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 philcomm@sfu.ca   More details on our website: SFU Philosophy

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.