Justice, Political Philosophy, and Law Stefan Sciaraffa PHIL 2Q , ext CNH 102 M/W 8:30-9:20 F 10:30-11:20

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1 Justice, Political Philosophy, and Law Stefan Sciaraffa PHIL 2Q , ext CNH 102 M/W 8:30-9:20 F 10:30-11:20 University Hall 311 Office Hours: M/W 9:30-10:30 Course Description This course provides an overview of key bodies of law and legal institutions, such as private law (tort, contract, and property), criminal law, the Canadian Charter, and international law. To obtain this overview, students will be asked to read some of the statutory material and court cases that define these areas of law. In addition, we will read material that critically evaluates the justice and value of the foregoing bodies of law. Thus, the course introduces the student to the larger mission of the Justice, Political Philosophy, and Law Program (pending approval) at McMaster University (JPPL): to instill in its students (1) a sophisticated understanding of the structure and content of domestic and international law and legal institutions, (2) a command of the political and moral theories that assess the justice and value of these institutions, (3) and an informed critical view of these institutions shortcomings and worth. Texts Introduction to Law in Canada, Laurence Olivio, ed., Captus Press (ILC) Canadian Cases in the Philosophy of Law, 4 th ed., J.E. Bickenbach, ed., Blackwell Press (CCPL) Avenue to Learn (AL) Grading Mid-Term (25%) A portion of the mid-term will be written in-class on October 26. The remainder will be a takehome that will be available after the in-class portion and will be due no later than 7:30 am on October 29. Save for documented exigency, this exam may not be rescheduled and no extension will be granted for the take-home portion. Value of Components: In-Class Portion (40%) and Take-Home Portion (60%) Final Paper (40%) About 3000 words. 1.) First Draft for Peer Evaluation due November 16 (midnight) via Avenue. No extensions. 2.) Peer Evaluations due November 22 (midnight). Each student will be assigned (and receive) two peer-evaluations. Submit via Avenue. 3.) Final Draft Due November 26 (midnight). Submit via Avenue. Value of Components: Peer Evaluations (25%) and Final Draft (75%) If the student cannot submit her first draft or her two peer evaluations by the respective due dates because of a documented exigency, the student s final draft alone will count for 100% of the final draft grade. If the student otherwise fails to meet these due dates, the student will receive no credit for the Peer-Evaluation component of the Final Paper Grade. Students who fail to meet the due date for the Final Draft will be docked 5% each day late (from the Final Draft portion). Final Exam (30%) Students will write the exam in person during the scheduled exam period. The exam will be cumulative and will contain short answer and essay questions. Save for documented exigency, no make-up exams will be given. Attendance (5%) 1 or less absence (100%), 2 (80%) 3 (60%), 4 (40%), 5 (20%), >5(0%). Absences due to documented medical or family contingency will not affect the student s grade.

2 Academic Dishonesty Academic dishonesty consists of misrepresentation by deception or by other fraudulent means and can result in serious consequences, eg. a grade of zero on an assignment, loss of credit with a transcript notation, or suspension or expulsion from the university. It is your responsibility to understand what constitutes academic dishonesty. For information on the various kinds of academic dishonesty, please refer to the Academic Integrity Policy, sections 17 and 18. ( Administrative Notes 1.) The class convenes for three one-hour sessions each week. I will lecture during these sessions, but I welcome questions and encourage discussion. 2.) The scale used by the Registrar's Office will be used to convert number grades to final letter grades. 3.) It is the policy of the Philosophy Department that all communication between students and instructors (including TAs) must originate from their official McMaster University accounts. This policy protects the confidentiality and sensitivity of information and confirms the identities of both the student and instructor. Philosophy department instructors will delete messages that do not originate from McMaster accounts. 5.) The instructor and the University reserve the right to modify elements of the course during the term. The university may change the dates and deadlines for any or all course. If either type of modification becomes necessary, where possible reasonable notice and communication with the students will be given with explanation and the opportunity to comment on changes. Students should check their McMaster and course websites frequently during the term and to note any changes.

3 Course Readings for Fall 2012 Philosophy 2Q03 Week 1: September 7 -- Introduction Video on Avenue to Learn Domestic Legal Institutions and the Canadian Context Week 2: September 10, 12 & 14 Systems of Law in Canada (ILC) Sources of Law (ILC) September 12 Geoff Hall, Statutory Interpretation, 38-51, (AL) September 14 Rizzo (1998) 154 D.L.R. [4 th ] 193 (AL) Week 3: September 17, 19 & 21 September 17 Lon Fuller, Eight Ways to Fail to Make Law (AL) Karl Llewellyn, Remarks on the Theory of Appellate Decision and the Rules or Canons about How Statutes are to be Construed (AL) September 19 Herman Oliphant, A Return to Stare Decisis (AL) September 21 Structure of Canadian Government (ILC) The Constitution (ILC) H.L.A. Hart, Excerpt from the Concept of Law, pp , (AL) Week 4: September 24, 26 & 28 September 24 Reference re Resolution to Amend the Const. of Canada, 18 (CCPL) Reference re Secession of Quebec, 38 (CCPL) Judicial Review and the Charter of Rights and Freedoms September 26 Types of Law (ILC) Canadian Charter of Rights and Freedoms (CCPL) Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd., 47 (CCPL) September 28 R v. Oakes, 53 (CCPL) Week 5: October 1, 3 & 5 October 1 Sauve v. Canada, 67 (CCPL) October 3 Jeremy Waldron, The Core of the Case Against Judicial Review (AL) October 5 Waldron continued (AL)

4 Equality Rights Under the Charter Week 6: October 10 & 12 October 10 Law Society of British Columbia et al. v. Andrews et al., 128 (CCPL) Egan v. The Queen in Right of Canada, 138 (CCPL) October 12 Eaton v. Brant County Board of Education, 145 (CCPL) Law v. Canada, 150 (CCPL) Week 7: October 15, 17 & 19 October 15 June Ross, A Flawed Synthesis of the Law (AL) Tort Law October 17 Tort Law (ILC) Cook v. Lewis, 282 (CCPL) October 19 Marconato and Marconato v. Franklin, 286 (CCPL) Crocker v. Sundance Northwest Resorts Ltd., 296 (CCPL) Week 8: October 22, 24 & 26 October 22 Bruce, Applying Economic Analysis to Tort Law (AL) Jules Coleman, Theories of Tort Law (AL) October 24 Discussion of Bruce and Coleman Continued October 26 Mid-Term Criminal Law Week 9: October 29, 31 & November 2 October 29 Criminal Law Criminal Law (ILC) Criminal Code, Sec (AL) October 31 R. v. Machekquonable, 245 (CCPL) R. v. City of Sault Ste. Marie, 247 (CCPL) November 2 Hundal v. The Queen, 253 (CCPL) \ Week 10: November 5, 7 & 9 November 5 Antony Duff, Legal Punishment (AL)

5 November 7 Antony Duff, Legal Punishment (AL) November 9 R v. Smith, 301 (CCPL) Kindler v. Canada, 307 (CCPL) R v. Proulx, 315 (CCPL) International Law Week 11: November 12, 14 & 16 November 12 Anthony Aust, Handbook of International Law, Table of Contents and Chapter 1 (AL) November 14 Aust, Ch. 9, International Organizations (AL) Hurd, Ch. 3, The World Trade Organization (AL) November 16, Hurd, Ch. 3, The World Trade Organization Continued (AL) Week 12: November 19, 21 & 23 November 19 Aust, Ch. 10, United Nations (AL) November 21 Aust, Ch. 11, Human Rights (AL) UN Declaration of Human Rights (AL) International Covenant on Civil and Political Rights (AL) International Covenant on Economic, Social and Cultural Rights (AL) See also November 23 Pogge, Are We Violating the Human Rights of the World s Poor? (AL) Week 13: November 26, 28 & 30 November 26 Discussion of Pogge Continued November 28 Discussion of Pogge Continued November 30 Alan Patten, Should We Stop Thinking about Poverty in Terms of Helping the Poor? (AL) Week 14: December 3 Discussion of Patten and Pogge Continued