Lahore University of Management Sciences Law-210 Concept of Law

Transcription

1 Law-210 Concept of Law Fall Semester 2017 Instructor Angbeen Atif Mirza Room No. Office Hours Telephone Secretary/TA TA Office Hours Course URL (if any) Muhammad Imran/Khalid Mahmood Siddiqi Course Basics Credit Hours 4 Lecture(s) Nbr of Lec(s) Per Week Duration 1 hour 50 minutes Recitation/Lab (per week) Nbr of Lec(s) Per Week Duration Tutorial (per week) Nbr of Lec(s) Per Week Duration Course Distribution Core Elective Open for Student Category Close for Student Category COURSE DESCRIPTION COURSE PREREQUISITE(S) COURSE OBJECTIVES Learning Outcomes

2 Grading Breakup and Policy Assignment(s): Home Work: Quiz(s): 15% Class Participation and Attendance: 15% Midterm Examination: (Research Paper) 20% Presentation/Debate: 10% Final Examination: 40% Examination Detail Midterm Exam Yes/No: Combine Separate: Duration: Preferred Date: Exam Specifications: Final Exam Yes/No: Combine Separate: Duration: Exam Specifications: COURSE OVERVIEW Week/ Lecture/ Module Topics Recommended Readings Objectives/ Application Session 1 Session 2 Session 3 Session 4 Introduction to the Course What is Jurisprudence? - Morrison, Wyne, Jurisprudence: From the This section explores the Greeks to Post-modernism PP 1-13 need for the Philosophy of - Freeman, MDA Lloyd s Introduction to Law. It shall lay the Jurisprudence, UK Sweet and Maxwell, Philosophy foundations for 2000 pp 1-16 questions to be tackled - Freeman, MDA Lloyd s Introduction to later in the course Jurisprudence, UK Sweet and Maxwell, 2000 pp The birth of Philosophy, - Sophooles; Antigone. This session shall start with Rationality and the - Morrison, Wyne. Jurisprudence: From the the classic of Greek Jurisprudence question. Greeks to Post-modernism pp Rationality. The Greek - Plato The Republic spirit of Nousel, tried to - Aristotle: Nichomean Ethics, The philosophize previously Politics unanswered questions. The - Morrison, Wyne, Jurisprudence: From the Greek tragedy, in the form Greeks to Post-modernism pp of anthormophic gods, also talks about the same questions which are then philosophized by Plato and Aristotle. Medieval and Theological Natural - Morrison, Wyne, Jurisprudence From The rise of Christianity led Law. the Greeks to Post-modernism pp to major theological debate

3 Session 5 Session 6 Session 7. - Freeman MDA Lloyd s Introduction to surrounding the Jurisprudence. UK: Sweet and Maxwell, jurisprudential question pp This was no a break from - Freeman MDA Lloyd s Introduction to the Greek rational spirit. Jurisprudence. UK: Sweet and Maxwell, Contrary to popular 2000 pp perception, philosophy was a tool used by Theology to direct its enquiries The rupture of Modernity, - Kant What is Enlightenment? Descartes, Ergo Renaissance and the advent - Freeman MDA Lloyd s Introduction Cogito Sum, of State. to Jurisprudence. UK: Sweet and revolutionized the Maxwell, 2000 pp manner in which - Freeman MDA Lloyd s Introduction human beings to Jurisprudence. UK: Sweet and conducted enquiry. It Maxwell, 2000 pp was a break from the - Thomas Ertman, State Formation and theological conception State Building in Europe (in Thomas of existence. Man was Janoski et al. eds. The Handbook of now the center, or Political Sociology, Cambridge focal point of all University Press, 2005 pp knowledge. This - Tilly, Charles. War-making and Archimedean point, state-making in Peter Evans, Dietrich coupled with the rise Rueschemeyer and Theda Skoopol of positivism and (eds) Bringing the State Back In. scienticism, altered the London; Cambridge University Press; answers to the 1985 (Chapter 5). jurisprudential - Entry Name: Islamic State by Nazih questions. State as a N. Ayubi in Oxford Encyclopedia of collective unit of Modern Islamic World, First Edition human organization Vol. 2 arose. It had absolutist tendencies inherent to the design. - Morrison, Wyne. Jurisprudence: Austin and Legal Positivism From the Greeks to Post-modernism Positivism was pp advocated by Auguste - Freeman MDA Lloyd s Introduction Comte, French to Jurisprudence. UK: Sweet and thinker, as the mode of Maxwell, 2000 pp enquiry in Sociology. - Freeman MDA Lloyd s Introduction The rise of science, to Jurisprudence. UK: Sweet and and its ability to solve Maxwell, 2000 pp many of the unresolved questions in the brief period of time, raised confidence in it. It was expected that positivism would seek answers to Jurisprudential questions, free from personal biases and universal in nature: Kelson and the Pure Theory - Morrison, Wyne. Jurisprudence: Kelson s Pure Theory of Law From the Greeks to Post-modernism of Law is claimed to

4 pp be the apex of - Freeman, M.D.A. Lloyd s Positivism enquiry in Introduction to Jurisprudence. UK: Jurisprudence. Sweet and Maxwell, pp Ideological 281. consideration and - Freeman, M.D.A. Lloyd s moral subjectivity Introduction to Jurisprudence. UK: were rejected in the Sweet and Maxwell, pp quest for answers Pakistan c - Iyer, T.K.K. Constitutional Law in Constitutional and Pakistan Kelsen in the Courts. The Political history is American Journal of Competitive chequered with the Law, Vol.21, No.4 (Autumn, 1973), application of pp Doctrine of Necessity and the change of Grund norm, inspired by Kelsen s writings. Session 8 Session 9 Modern Trends in Analytic and - Morrison, Wyne. Jurisprudence: This session studies Normative Jurisprudence From the Greeks to Post-modernism modern trends in Analytic pp and Normative - Freeman, M.D.A. Lloyd s Jurisprudence, and its Introduction to Jurisprudence. UK: relationship to Positivist Sweet and Maxwell, pp conception of Law. It tries 374. to situate Jurisprudence - Freeman, M.D.A. Lloyd s within the frame work of Introduction to Jurisprudence. UK: advances in Social theory. Sweet and Maxwell, pp Economy and Society - The Disenchantment of logically formal legal rationality; Or Max Weber s The Session will cover Economy Sociology in the Genealogy of the and Society ; an outline of Contemporary Mode of Western Legal Interpretive sociology edited by thoughts by Duncan Kennedy, Pages from Guenther Roth and Claus Wittich, 323 to 365. Max Weber, Pages 641 to From History of Sociology; An International Biography, by Fritz Ringer Max Weber; Pages 176 to 201. Session 10 This session shall discuss; - The Disenchantment of logically formal legal rationality; Or Max Weber s Sociology in the Genealogy of the Contemporary Mode of Western Legal thoughts by Duncan Kennedy, Pages from 323 to From History of Sociology; An International Biography, by Fritz Ringer Max Weber; Pages 176 to 201.

5 Anghie, Antony Imperialism, Sovereignty and the making of International Law. US: Cambridge, 2007 pp Weston, Burtis H., Richard A. Falk and Andrew C. Strauss International Law and World Order; A problem oriented coursebook. US: Thompson/West, 2006 pp Evans, Malcolm D. (Eds) International Law, US: Oxford, 2003 pp and pp Mahmud, T (2006) Geography and International Law: Towards a postcolonial mapping Riles, A (1999) The view from the International Plane from The Laws History of of the Postcolonial Session 11 International Law Subjects of International Law. Evans, Malcolm D. (Eds) International Law. Law in its modern form Session 12 US: Oxford, 2003 pp seeks to create subjects. Law in its modern form seeks to The subjects of

6 create subjects. The subjects of International aw are International aw are States. The States. The evolution of evolution of States has already been States has already been talked about in Session number 4. talked about in Session This session shall seek to number 4. This session understand the how States operate shall seek to understand the in the community of States, they how States operate in the create as International, and the community of States, they relationship of International Law to create as International, and its domestic questions. the relationship of International Law to its domestic questions. Session 13 Session 14 Session 15 International Institutions and - Evans, Malcolm D. (Eds) International This session studies how International Law. Law. US: Oxford, 2003 pp International Institutions - Shaw, Malcolm N. International Law. administer International UK: Cambridge, 2003 pp Law. It studies their role in Internationals Crime and Justice (I.C.J.) and in general (U.N.O.). The relevance of International - Weston, Burtis H., Richard A. Falk, Hilary This session deals with the Law. Charlesworth and Andrew C. Strauss. objection raised by Austin International Law and world Order: A (Session 6) against problem Oriented Course book. US: International Law: i.e. Thomson/West, 2006 pp International Law with out - Evans, Malcolm D. (Eds) International a Sovereign does not Law. US: Oxford, 2003 pp deserve to be called International Law. It also discusses the relevance of International Law to Domestic system of Law. Constitutional Law of USA and - Stanley De, Smith, and Brazier Rodney. These two sessions try to UK. Constitutional and Administrative Law. overview the Unwritten England: Penguin Group, nature of the UK - Turpin, Colin. British government and the Constitution and the constitution text, cases and materials. Written Constitution and London: Butterworths, the Republican ideas which - Smith, Page. Constitution, a documentary motivated it. It is aimed to and narrative history. New York: Morrow introduce the main tenants Quill Paperbacks, of the modern Constitution - Stephens, Otis H. American Constitutional through a comparison of Law. Belmont, CA: Thomson/West, USA and UK. - Theen, Rolf T. W., Frank L. Wilson. Comparative Politics: An introduction to Seven Countries. USA: Prentice Hall, Thomas, Paine. The Rights of Man. Project Gutenberg. Project Gutenberg. 29 June Alexis de, Tocquille. AMERICAN INSTITUTIONS AND THEIR INFLUENCE. Main Page Gutenberg. 28 June 2009

7 min11.txt - Hamilton, Alexander, John Jay, and James Madison. Main Page Gutenberg. 28 June er16.txt. Session 16 Constitutional Law in Pakistan. - Pala R. Newberg. Judging the State. UK: This session gives a CUP, general introduction to the - Redding, Jeffery A. Constitutionalizing major Constitutional Islam: Theory and Pakistan. questions and controversies Political in Pakistan. The rest of the History of Pakistan. Pakistan: O.U.P, sessions shall study the 2003 pp Constitutional history of Political Pakistan, and the manner History of Pakistan. Pakistan: O.U.P, in which the questions 2003 pp raised were answered by studying cases. Session 17 Form a Colonial Constitution to the - Karve, D. G. The new Indian Constitution Constitution of 1956 till the Principles and Prospects. The University Constitution of of Toronto Law Journal, Vol.3, No.2 (1940), Political History of Pakistan. Pakistan: O.U.P, 2003 pp Political History of Pakistan. Pakistan: O.U.P, 2003 pp Choudhury, G.W Constitution Making Dilemmas in Pakistan The Western Political Quarterly, Vol.8, No.4 (Dec., 1955), Political History of Pakistan. Pakistan: O.U.P, 2003 pp Political History of Pakistan. Pakistan: O.U.P, 2003 pp Session 18 Moulvi Tamizzuddin Case (1955). Pakistan: O.U.P, 2003 pp Session 19 Session 20 State v. Dosso (1958) Pakistan O.U.P, 2003 pp Session 21 Asma Jillani v. Government of Pakistan (1972) Pakistan O.U.P, 2003 pp Session 22 Constitution of 1973 and Constitutional Amendments by Zia- ul-haq Pakistan O.U.P, 2003 pp

8 Pakistan O.U.P, 2003 pp Siddique, Osama The Jurisprudence of Dissolutions: Presidential Power to dissolve Assemblies under the Pakistani Constitution and its discontents. Arizona Journal of International and Comparative Law Vol.23, No.3, Session 23 Begum Nusrat Bhutto (1977) Pakistan O.U.P, 2003 pp Session 24 A Decade of Dissolution till Zafar - Kennedy, Charles H. Presidential- Ali Shah (2000) and after. Prime Ministerial Relations: The role of the Superior Courts in Charles Kennedy and Rasul Baksh Rais (Eds) Pakistan 1995, AIPS, Pakistan O.U.P, 2003 pp Pakistan O.U.P, 2003 pp Hamid, Shahid. Constitutional change and Continuity. Session 25 Session 26 Session 27 Session 28 Session 29 PCO Judges Case NRO Case The 18 th Amendment and the aftermath. Judgment by the Supreme Court on Art A Devolution and the Challenges. Asghar Khan Case Azhar Siddiqui v. Federation of Pakistan (dismissal of prime minister Gillani) (discussion) Textbook(s)/Supplementary Readings