Legal philosophy B 415
Not offered in 1995
15 points * Three 1-hour lectures per week * Clayton * Prerequisites: See section 3 of the faculty resolutions
The judicial process and legal reasoning. The main topics in this subject will be (1) the proper function of a judge in cases where there is no clear answer and the rights of individual litigants; (2) the compatibility of judicial functions with democratic political systems; (3) the separation of law and morality and the rule of law; (4) law-making through judicial decisions (compared with law-making by legislation) and the adaptability of the common law; (5) the nature of legal argument and modes of justifying judicial decisions.
Assessment
Optional essay (4000 words): 40% * Class paper and participation: 20% * Terminal examination of 1.5 hours with 15 minutes reading and noting time (if optional essay submitted): 40% * Terminal examination of 3 hours with 15 minutes reading and noting time (if no optional essay submitted): 80%
Prescribed texts
Dworkin R Taking rights seriously revised edn, Duckworth, 1978