Ph.D. PROGRAM IN LAW AND DEMOCRACY

Transcription

1 Center fr Cnstitutinal Demcracy 624 East Third Street Blmingtn, IN Ph.D. PROGRAM IN LAW AND DEMOCRACY Center fr Cnstitutinal Demcracy The dctral degree is granted by the law schl and is administered by the Center fr Cnstitutinal Demcracy (CCD). The Center studies and prmtes cnstitutinal demcracy in cuntries marked by ethnic, religius, linguistic, and ther divisins. The Center prvides handsn supprt fr cnstitutinal refrmers in such cuntries, and it ffers students a unique pprtunity t wrk directly and regularly with freign refrm leaders t supprt cnstitutinal demcracy. Mre infrmatin abut the center is available at ur website: Cntact ur ffices: Center fr Cnstitutinal Demcracy 624 East Third Street Blmingtn, IN ccd@indiana.edu Prgram Descriptin This prgram prvides students with a deep and brad educatin in the way that law structures demcracy. N subject is mre vital t the peace and prsperity f the glbe, and yet until recently, schlars have devted surprisingly little attentin t it, and students have had very limited pprtunity t study it. The Law and Demcracy PhD Prgram uniquely allws students t learn abut the rle f law in new and fragile demcracies thrugh cursewrk and experience in the field, training in the law and the scial sciences, and cmparative analyses f the experience f the United States and ther cuntries. Law is necessary t demcracy in tw ways: Law creates demcracy: First, demcracy cmmnly refers t a set f rules and institutins that allws the peple a hand in their wn gvernment: electins, referenda, legislatures, and the like. These rules and institutins are themselves legal creatins: unless they are frmalized in law, they will be unstable, bscure, and inaccessible t the peple. Smetimes, a written cnstitutin establishes these rules and institutins s that they are difficult t change and cme t be regarded

2 as integral t the experience f the cuntry. In ther cases, these rules and institutins are the prduct f statutes created by legislatures r regulatins issued by executive r administrative agencies. Either way, the rules and institutins are cnstitutinal in the brad sense that they fundamentally cnstitute the demcratic rder. The first dimensin f the prgram therefre addresses the way that this fundamental legal rdering creates demcracy thrugh shaping the structure and peratin f gvernment. Law limits demcratic majrities: Secnd, t be successful, demcracy cannt refer merely t a cntest fr pwer thrugh electins. Instead, a well established demcracy must rest n a culture rted in the rule f law. In this sense, law prvides nrms that limit the pwer f thse wh win electins: winning allws the victrs nly certain legally defined prergatives; lsing des nt subject the lsers t the untrammeled will f the majrity. Again, the cnstitutin creates sme f these limits, but even these depend n the cultural dispsitin f the citizenry t fllw the rules. Other limits are purely cultural. Demcracy wrks best when the citizens bradly embrace a rich web f nrms regarding the limits f plitical pwer. The secnd dimensin f the prgram addresses the way that fundamental legal rdering limits demcracy thrugh shared culture and legal restrictins. Bth dimensins grw frm the same basic phenmenn: fr demcracy t wrk, citizens must generally supprt the cnstitutinal regime even when they lse particular plitical battles. Their mst fundamental cmmitment, in ther wrds, is t the law that bth creates and limits demcracies. The Fur Pillars: An interdisciplinary degree The prgram is therefre abut the relatinship between law and demcracy. It trains students t wrk in this area f the law with the skills and prfessinal rientatin characteristic f the best lawyers. The prgram rests n the view that t explre these cnditins, law cannt be understd in islatin frm the rest f human culture, and this clse relatinship is especially significant in the ways that scieties craft their fundamental legal rder. Fr this reasn, students will learn abut the relatinship between law and demcracy nt nly thrugh legal schlarship, but als frm the perspectives f plitical science, anthrplgy, and area studies the fur pillars that supprt the prgram. This interdisciplinary apprach equips the student with the range f knwledge, theries and methds required t understand the dynamic and cmplex nature f demcracy and law. New r Struggling Demcracies: A crss-cultural degree Additinally, thugh all students will be expsed t the American cnstitutinal traditin, they must als study and research the experience f ther cuntries by cmpleting substantial curse wrk in the languages, cultures, and histries f an area f the wrld in which they wish t d wrk. The prgram addresses the relatinship between demcracy and law in a specific setting: new r struggling demcracies r nn-demcratic cuntries that have a pr-demcracy mvement. Students will study such cuntries nt nly thrugh library research but thrugh direct expsure t the refrm prcess n the grund. Degree Candidates: Thse wh want t change the wrld The prgram is apprpriate fr all persns wh are interested in the subject and wh pssess sufficient backgrund. The prgram is, hwever, specifically designed t prvide training and educatin t seven categries f persns:

3 Refrmers frm ther cuntries: These students will likely enrll in the prgram s as t study hw they might best prmte demcracy thrugh law in their hme cuntries. Members f the United States Armed Frces: Over the curse f their careers, many military persnnel are likely t be invlved in recnstructin in cnflict-ridden cuntries. As the military knws, hwever, it has traditinally trained peple t fight the natin s wars, nt t recnstruct cuntries. The degree prgram wuld allw interested persns t cnsider hw they might play a helpful rle in establishing cnstitutinal demcracy in freign cuntries. Dctral students in ther disciplines: Many dctral students in disciplines ther than law (such as anthrplgy, histry, r plitical science) find that they need an advanced understanding f the rule f law in rder t cmplete their wrk in thse ther disciplines. This prgram ffers a graduate minr in law r a dual dctrate t such students. Lawyers wrking n recnstructin issues abrad: The wrld has discvered that lawyers have a vital rle t play in cnstructing demcracies. Mre and mre lawyers have taken up this wrk, and mre and mre law students desire t take it up as a career. The Ph.D. prgram wuld therefre be apprpriate fr practicing lawyers wh wish t gain a mre thrugh grunding; and the J.D./Ph.D. prgram wuld be apprpriate fr law students wh wish t seek ut pprtunities t d this srt f wrk in the future. Dnr rganizatin persnnel: Increasingly, the prcess f demcratizatin is being shaped by the chices f dnr rganizatins abut which prjects t fund. It is therefre vital that prgram directrs in such rganizatins have an excellent substantive grunding in the legal fundatins f demcracy. Future Teachers: The Ph.D. prgram will prepare students t teach in university level prgrams n law and demcracy. We believe that ver the next several decades, demcracy studies will increasingly becme its wn discipline, and this prgram will ffer students especially gd preparatin fr helping t craft the discipline. Freign Law Prfessrs: The degree will als prvide specialized training fr persns frm utside the United States in the skills and knwledge required t be a successful academic at a law schl in their hme cuntry. Gd law schls and prfessrs are a vital part f establishing demcracy and the rule f law. Cmpnents f the Degree The dctral degree cnsists f eight cmpnents: (1) curse wrk in law; (2) curse wrk in anthrplgy and plitical science; (3) curse wrk in a culture area; (4) a mastery f the cre schlarship in the field; (5) a language requirement; (6) fieldwrk verseas; (7) an internship at the Center fr Cnstitutinal Demcracy as a Graduate Fellw; and (8) a dctral dissertatin with a fcus n a new r struggling demcracy r n a pr-demcracy mvement in a nndemcratic cuntry. Students will cmplete ninety hurs f graduate credit, including 69 hurs f curse credit and 21 hurs f dissertatin credit. Curses taken as part f a masters prgram may cunt tward satisfactin f up t 30 credits f the Ph.D. prgram s requirements with apprval f the student s advisr. Students may enter the dctral prgram directly r after earning a masters degree r cmpleting ne year in a J.D. prgram.

4 Degree Requirements: Advisry Cmmittee. Upn matriculatin, each student will be assigned a primary faculty advisr. This advisr, alng with the Directrs f the Center, will frm the advisry cmmittee fr that student. While it is expected that mst students in the prgram will fulfill the requirements belw, any specific requirement may be waived r mdified fr a particular student by that student s advisry cmmittee with the apprval f the Directr f Graduate Legal Studies. Curse Requirements. The curse wrk requirements are designed t expse the student t the fields f law, anthrplgy, plitical science, and area studies. Additinally, students will take Directed Graduate Research Credits as they are wrking n their dissertatin. In the future, the degree cmmittee may designate particular curses as required, but at the present time each student may chse the curses t satisfy the distributin requirements belw in cnsultatin with the student s faculty advisr. Law (30 hurs minimum). Students must take 30 credit hurs f curses in the law schl curriculum related t cnstitutinalism and demcracy. They will wrk with their advisrs t develp a curse package that prvides bth a brad grunding in these areas and a fcus n particular legal issues f interest t the student Anthrplgy and Plitical Science (21 hurs minimum). Students must take a minimum f fifteen hurs f curse wrk in ne f these tw fields, and at least six hurs in each, t ttal twenty-ne hurs minimum. One curse must be n the subject f research methdlgies. Area Studies (15 hurs minimum). Students must take at least fifteen hurs f curse wrk related t his r her gegraphical area f study. At least ne curse must cncern the histry f the regin the student will study. Minr. 15 hurs f cursewrk in Anthrplgy, Plitical Science, r Area Studies shall satisfy the requirements f the candidate s academic advisry cmmittee fr designatin as a Minr. Capstne/Dissertatin Curse (3 hurs). Students will take this required curse upn cmpletin f all ther curse requirements, immediately befre beginning wrk n their dissertatins. Readings and discussin will review the latest literature n law and demcracy, and students will discuss their dissertatin plans. Directed Graduate Research Credit (21 hurs). Cre Schlarship Readings. Students will receive a list f the develping cann f articles and bks n demcracy and the rule f law. The student must wrk with his r her advisr t make sure these readings are either cvered in class r read separately. In sme instances sme articles r bks may be deleted r substituted, depending n the particular research interests f the student. Language Requirement. Students must demnstrate intermediate prficiency, bth ral and written, in a language f the regin f their area f study, either thrugh curse wrk r language prficiency exams. This requirement may be waived if the student is frm the regin that he r she is studying.

5 Fieldwrk. Students will generally cnduct fieldwrk verseas fr a minimum f three mnths. The fieldwrk will usually ccur after they have cmpleted their cursewrk, preferably during the summer. Students may chse t return t their fieldwrk site fr further research. In sme cases, the Center may be able t prvide students with verseas cntacts; in ther cases, it will help students t develp their wn cntacts. Center persnnel will als assist students in finding funding surces fr their fieldwrk. Center persnnel will als explain the Center s ethical nrms fr prviding cnsultatin wrk abrad. Because the wrk is new and unique, it has n widely shared ethical cde, s the Center is in the prcess f develping its wn. Students will play a part in this prcess: n their return frm wrk abrad, they will meet with the ther members f the Center t discuss the ethical issues that they cnfrnted. Thse discussins will allw the Center t revise and expand its internal set f ethical nrms. Internship. Students will participate as graduate fellws in the Center fr Cnstitutinal Demcracy fr at least tw years. All internships will invlve leading a research team f JD Affiliates, and, when applicable, supprting the Center s freign partners in their effrts t prmte demcracy and the rule f law. The time cmmitment fr graduate fellws is apprximately fur hurs per week (and in sme cases it may be mre). The Center s wrk is unique in its emphasis n helping freign refrmers in the way that a lawyer serves clients. First, the Center prvides cnsultatin t refrmers ver the curse f many years, building relatinships rted in trust and a shared histry. Secnd, the Center wrks nly at the invitatin f clients abrad, and ur cmmitment is t them, rather than t an internatinal bdy r NGO. Third, the Center seeks t help its clients t determine their wn best interests rather than t prmte a certain set f ideas abut refrm. While a lawyer can and shuld influence a client s perceptins f his wn best interests, the ultimate gal is t serve the client, nt an idelgy r a thery. Finally, the Center is cmpsed f academic lawyers, wh bring the ideas and resurces f the academy directly int the field. The pprtunity t engage in this wrk is a unique and central feature f the prgram, and a primary gal f the prgram is t train students t perfrm this srt f wrk, nt nly thrugh bk learning but thrugh ding it. Qualifying Examinatin. In rder t be nminated t candidacy fr the Ph.D. degree, the student must have grades reprted fr all required curses and must pass a qualifying examinatin. Students are usually expected t cmplete necessary cursewrk and take the qualifying examinatin within three years f residence. The aim and scpe f the qualifying exam are t test a student s mastery f the discipline in relatin t his r her dissertatin research. The frmat f the exam shall be decided by the dissertatin cmmittee in cnsultatin with the student frm amng the fllwing ptins: (1) a take-hme exam, r (2) a prctred in camera exam, r (3) an exam cmbining elements f these tw. Dctral Dissertatin and Defense. The dissertatin will be the result f fieldwrk and library research. The tpic and general utline f the prpsed dissertatin must be apprved by the candidate s dissertatin cmmittee. Students shall keep the cmmittee chair apprised f expected dates f cmpletin f partial r full drafts.

6 T fulfill this requirement the student must: Select a dissertatin cmmittee during the secnd year f curse wrk cnsisting f three faculty members. The chair f the cmmittee must be a faculty member affiliated with the Center. The chair f the student s dissertatin cmmittee will submit a reprt each subsequent semester nting the student s prgress twards the degree. The student will present and defend his r her dissertatin tpic t this cmmittee during the last semester f curse wrk. Write and submit a dissertatin, read and apprved by all members f the dissertatin cmmittee, which must: Be a minimum length f 200 pages. Fllw MLA r Chicag Manual f Style regarding all style and frmatting issues. Fcus n a new r struggling demcracy r n a pr-demcracy mvement in a nn-demcratic cuntry. Demnstrate an understanding f the culture area they have chsen within the dctral prgram, even if the thesis is cmparative in apprach. Be defended rally by the student befre the cmmittee. Annual Review. Students will be reviewed near the end f every academic year by their advisrs. Expected Prgress t Ph.D. Degree. Each student must submit a dissertatin n later than six years after the beginning f graduate study. Pstpnements may be apprved by the cmmittee chair. Failure t submit a dissertatin by the end f the seventh year will result in academic prbatin and will require revalidatin f expired cursewrk, as described in the Graduate Bulletin. Residency. The student will generally be required t be resident at the Schl f Law fr at least three academic years after they have enrlled in the prgram. This requirement may be waived under extrardinary circumstances.