Dr. Maggie O’Brien
mjobrien@yorku.ca

This is an introductory course which does not require prior knowledge of law or philosophy. The main goal of the course is to develop the analytical skills needed to reason critically about thorny philosophical issues about the nature of law and its relation to politics, morality, and other features of social life.

First, we will critically examine two general theories about the nature of law, natural law theory and legal positivism, with particular attention to how these theories understand the similarities and differences between law and morality.  Secondly, we will consider the nature of responsibility and criminal responsibility in particular, exploring in detail what it means to be criminally responsible for one’s actions, choices, and character. Third, we will examine a couple of critical theories which challenge law’s purported neutrality in content and application, feminist jurisprudence and critical race theory.

Technical requirements for taking the course: internet access, and software necessary to view Microsoft Office files (MS Word and MS Powerpoint) or Adobe Reader (for pdf files). As well, I will be available for meetings which can be done in video or audio only, via Zoom. A microphone will be required for those meetings (and a webcam should you want to use video calling).

Here are some useful links for student computing information, resources and help:

Student Guide to Moodle

Zoom@YorkU Best Practices 

Zoom@YorkU User Reference Guide

Computing for Students Website

Student Guide to eLearning at York University

To determine Internet connection and speed, there are online tests, such as Speedtest, that can be run.

Times and locations: There are no fixed days or times when students will be required to meet.  The course is fully online, where course materials will be available at the beginning of each week and available for viewing at your convenience.  Please note that this is a course that depends on remote teaching and learning. There will be no in-person interactions or activities on campus.

Virtual office hours: by appointment only.  I will be available to meet, either in video or audio alone, via Skype or Zoom, or by phone.  To arrange a meeting, please e-mail me at mjobrien@yorku.ca

1. Culver and M. Giudice, eds., Readings in the Philosophy of Law, 3^rd edn (Broadview Press, 2017)

*Note: the textbook is available in electronic format, available for purchase directly from the publisher: https://broadviewpress.com/.  Should you wish to purchase an electronic copy, it is recommended that you choose the “PDF” instead of the “EPUB” format, since only the “PDF” version preserves the original pagination of the textbook.

The topic of each essay, together with instructions, will always be provided at least four weeks in advance of the due date.

Essay 1:                                 20%                (800 words)

Essay 2:                                 30%                (1000 words)

Essay 3:                                 50%                (1500 words)

This course has no scheduled meeting times, so allows you to access and learn course materials at your own pace and on your own time.  For each part of the course, key concepts, theories, and arguments will be provided in recorded lectures together with powerpoint slides posted on the eClass website each week by midnight on Sunday.

Each student will be assigned a teaching assistant, who will be responsible for grading assignments and will be your first point of contact for the course.

All assignments, with instructions, will also be posted on the eClass website.

The purpose of this course is to assist students in understanding and identifying central features of life under law which merit philosophical analysis and demand justification.  In addition to this course-specific goal, you will also improve your ability to read, criticize, present, and defend arguments in a rigorous and compelling manner.

Course policies

• This course has a flexible extension policy. Extensions will be granted by the instructor for religious accommodation and extenuating circumstances such as illness or bereavement. If you don’t think you will be able to submit an assessment please be in touch with the me.
• A late penalty of 2%/day will be given for late essays (including weekends).
• Students may not duplicate, copy and/or distribute recordings of the lectures without the instructor’s permission. These recordings are protected by copyright laws, and the university may take disciplinary or legal action against students who violate copyright.
• Email policy: I will do my best to reply to your emails promptly (within 48 hrs). To help reply efficiently students should indicate the course code and tutorial/TA in the subject of their email. I will not reply to email over the weekend. Each student will be assigned a TA who should be their first point of contact.