Simon Fraser University
Engaging the World

Course Outlines

Summer 2021 - PHIL 329 D100

Law and Justice (3)

Class Number: 4041

Delivery Method: Remote

Overview

  • Course Times + Location:

    May 12 – Aug 9, 2021: Wed, 9:30 a.m.–12:20 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 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.

COURSE DETAILS:

Paternalism and the Law: paternalism occurs when a person or a government prevents someone from acting autonomously, without his or her consent, on the grounds that doing so is in that person’s best interest. For example, laws requiring motorists to wear seatbelts and for drivers to refrain from texting while driving are said to be paternalistic laws. Yet, such laws seem to be justifiable restrictions people’s autonomy for their own good. In this class, we will consider whether people have an obligation to obey laws in the first place. Then, we consider the concept of paternalism and in what sense a law can be paternalistic. We will consider several different kinds of so-called paternalistic laws – e.g., related to public health measures, sex work, and drug laws, among others – and attempt to understand what, if anything, is particularly objectionable about these laws. Can the law justifiably interfere with someone’s autonomy? If so, on what grounds?

COURSE-LEVEL EDUCATIONAL GOALS:

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. 

This course will allow students to engage in and practice the core skills associated with philosophical inquiry, including the identification and evaluation of arguments presented in journal articles; the ability to listen and respond to others in a respectful, thoughtful manner; the craft of writing philosophical prose; and the development of one’s own philosophical positions. Furthermore, upon successful completion of this course, students will gain an understanding of:

  • The nature of political authority and political obligation
  • Contemporary debates about the concept of paternalism and the concept of autonomy
  • Contemporary debates about legal paternalism

 

Grading

  • Three 5-7-page papers, worth 30% each 90%
  • Participation: this will be measured in terms of class attendance (5%) and quality of contributions to class discussions (5%) 10%

NOTES:

Course delivery: remote, synchronous. Online presence is required during scheduled lecture time.

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

MATERIALS + SUPPLIES:

Students are required to have a computer or a tablet with a camera and a microphone, and reliable internet access in order to attend class. Headsets are advisable but not necessary. Students have access to free Office 365 or Adobe Creative Cloud found here . If students do not have reliable access, they should inform their instructor and contact the IT desk to see if a loaner computer can be arranged. There is one computer lab on campus for limited access. Classes will be conducted on Zoom. It is recommended that students use broadband wired or wireless (3G or 4G/LTE) internet connection, with bandwidth of at least 1.5Mbps (upload and download).

REQUIRED READING:

No textbook is required. All readings are available online or will be posted 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 philmgr@sfu.ca   More details on our website: SFU Philosophy

New elective grade policy : P/CR/NC, pilot project for Spring/Summer/Fall 2021. 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, 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.

Registrar Notes:

ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS

SFU’s Academic Integrity web site 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

TEACHING AT SFU IN SUMMER 2021

Teaching at SFU in summer 2021 will be conducted primarily through remote methods, but we will continue to have in-person experiential activities for a selection of courses.  Such course components will be clearly identified at registration, as will course components that will be “live” (synchronous) vs. at your own pace (asynchronous). Enrollment acknowledges that remote study may entail different modes of learning, interaction with your instructor, and ways of getting feedback on your work than may be the case for in-person classes. To ensure you can access all course materials, we recommend you have access to a computer with a microphone and camera, and the internet. In some cases your instructor may use Zoom or other means requiring a camera and microphone to invigilate exams. If proctoring software will be used, this will be confirmed in the first week of class.

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).