LAHORE UNIVERSITY OF MANAGEMENT SCIENCES (LUMS) SHAIKH AHMAD HASSAN SCHOOL OF LAW. LAW 310 Jurisprudence. Fall 2017

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1 Instructor Sadaf Aziz Room No Class Timings Mondays; Wednesdays: 2:00 PM 3:50 PM Office Hours Telephone TA Office Hours Course URL LAHORE UNIVERSITY OF MANAGEMENT SCIENCES (LUMS) SHAIKH AHMAD HASSAN SCHOOL OF LAW LAW 310 Jurisprudence Fall 2017 Course Basics Credit Hours 4 Lecture(s) No. Lectures per week 2 Duration 1 h 50 m Recitation/Lab (per week) Tutorial (per week) Course Distribution Core BA/LLB Elective - Open for Student Open to All Category 1

2 Close for Student Category None Course Description Jurisprudence is often taught as a science of laws, seeking to reveal some essential truths about the legal form and its relation to other social fields. While some of this course traces the arguments for appreciating law internally, from a professional and practitioner s perspective, it also seeks to acquaint students with a historical and inter-disciplinary view of law s origins and functioning. As such, it aims to acquaint students with a variety of methodological tools for critically understanding the role of law in modern societies Course Prerequisites Law 102: Introduction to Pakistan Legal System; and Law 101: Introduction to Legal Reasoning. Course Objectives Learning Outcomes 2

3 Grading Breakup and Policy Writing Assignments Assignment I 5% Assignment II 10% Assignment III 20% Mid Term 20% Final Term 30% Class Participation and Attendance 15% Midterm Examination: Project: Final Examination: Yes TBD Yes Course Overview Session Topic Recommended Readings Objectives/Application Introduction to the course outline and course material. Familiarize students with course objectives and requirements. 1 & 2 Why Jurisprudence? A short reading will be circulated in class, and students will be asked to write a reflection. 3 & 4 Law s Origins Thomas Aquinas (2002), Excerpt from Summa Theologica. A.S. McGrade (1982), Rights, Natural Rights and the Philosophy of Law in Cambridge History of Later Medieval Philosophy. Class lecture and discussion on the origins of law; introduction to natural law and positivism, and an analysis of whether law is a moral order. Relation between law and morality will be explored. John Finnis (1980), Selection from Natural Law 3

4 and Natural Rights. 5, 6, & 7 Legal Design John Austin (1832), Excerpt from The Province of Jurisprudence Determined. Jeremy Bentham (1789), Excerpt from An Introduction to the Principles of Morals and Legislation. Jeremy Bentham (1789), Extract from Of Laws in General in An Introduction to the Principles of Morals and Legislation. More readings TBA. Introduction and survey of legal positivism. 8 & 9 Modernity and Law Peter Fitzpatrick (1992), The Mythology of Modern Law. Nasser Hussain (2003), The Jurisprudence of Emergencies: Colonialism and the Rule of Law. Talal Asad (2003), Formations of the Secular, Undertake an analysis of law as an emergent form for modern social relations. H.L.A. Hart, Positivism and the Separation of 4

5 10 & 11 Making Law Law and Morals, (1958) 71 Harvard Law Review 593. Lon L. Fuller, Positivism and Fidelity to Law: A Reply to Professor Hart, (1958) 71 Harvard Law Review 630. More readings TBA. Discuss the normative order in the law. Does Law contain an internal morality? Hart/Fuller debate discussed. 12 & 13 Judging Law Ronald Dworkin, Is Law A System of Rules? in R.M. Dworkin (ed.) (1984), The Philosophy of Law. Ronald Dworkin (1986), Law Beyond Law in Law s Integrity. Class discussion on apprehending what is the law. 14, 15 & 16 Legal Transformations Robert Reiner, Classical Social Theory and Law in Penner, Schiff and Nobles (trans.) (2002), Introduction to Jurisprudence and Legal Theory: Commentary and Materials, pp , Pierre Boudieu, The Force of Law: Towards a Sociology of the Juridical Field (1987) 38(5) Hastings Law Journal pp Niklas Luhmann (1993), Excerpt from Law as a Students study law as a social system. 5

6 Social System. Max Weber, The Theory of Social and Economic Organization, translated by A. M. Henderson & Talcott Parsons (1964). Georges Gurvitch (1942), Sociology of Law. Bronislaw Malinowski (1926), Excerpt from Crime and Custom in Savage Society 17 & 18 Plural Law Sarah Barringer Gordon, The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth-century America (Chapel Hill: University of North Carolina Press, 2002), Fleur Johns (2013), Excerpt from Non-Legality in International Law: Unruly Law Max Weber (1978), Formal and Substantive Rationalization Theocratic and Secular Law in Economy and Society pp & 20 Acting Legally Wayne Morrison (1997), Adam Smith, Jeremy Bentham and John Stuart Mill: The early development of a utilitarian foundation for law in Jurisprudence: From the Greeks to Post- 6

7 Modernism, pp Gary Minda (1995), Law and Economics in Post-Modern Legal Movements: Law and Legal Movements at Century s End, pp Calabresi and Melamed, Property Rules, Liability Rules and Inalienability: One View of the Cathedral (1972) 85:6 Harvard Law Review Alan Supiot (2007), Excerpt from Homo Juridicus: On the Anthropological Function of the Law. Catharine A. MacKinnon, Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence, (1983) Journal of Women in Culture and Society 635. Lecture and discussion that unpacks the role of masculinities in law, and the gendered nature of law. 21, 22 & 23 Law and Masculinity Janet Rifkin, Toward a Theory of Law and Patriarchy, (1980) 3 Harvard Women s Law Journal 83. Martha Albertson Fineman, The Vulnerable Subject: Anchoring Equality in the Human Condition, (2008) 20 Yale Journal of Law and Feminism 1. 7

8 Katharine T. Bartlett, Feminist Legal Methods, (1990) 103 Harvard Law Review 829. Richard Collier, Masculinities, Law, and Personal Life: Towards a New Framework for Understanding Men, Law, and Gender, (2010) 33 Harvard Journal of Law & Gender 431. Nivdeta Menon (2004), Recovering Subversion Feminist Politics Beyond the Law, pp & 25 Law as Malleable Duncan Kennedy (1993), The Stakes of Law, or Hale and Foucault! in Sexy Dressing, Etc. Duncan Kennedy (1983), The Political Significance of the Structure of the Law School Curriculum 14 Seton Hall L. Rev. 1. Calvin Trilling, Round and Round the Bramble Bush: From Legal Realism to Critical Legal Scholarship (1982) 95 Harvard Law Review Explore the area of Critical Legal Studies, and its place in legal scholarship Karl Marx (1845), Thesis on Feuerbach. Extracts from Karl Marx, F. Engels, S. Lukes, Students are introduced to a Marxist understanding of law through engagement with primary and secondary texts. 8

9 26 & 27 Law as Apparatus Lenin and E. Pashukanis in M.D.A. Freeman (1959), Lloyd s Introduction to Jurisprudence, pp Upendra Baxi (1993), 'Ideology of Law & Law of Ideology' from Marx, Law, & Justice, Cpt. 7. Karl Marx, Debates on the Law on Thefts of Wood (1842) Rheinische Zeitung. Access online at: works/1842marxists.org/archive/marx/ /10/25.htm 28 & 29 Decolonizing Law Gurminder K. Bhambra (2007), Excerpts from Rethinking Modernity: Postcolonialism and the Sociological Imagination. Walter Mignolo (2007), 'Delinking: The Rhetoric of Modernity, the Logic of Coloniality, & the Grammar of De-Coloniality' 21:2 Cultural Studies, pp & 31 Questioning Rule of Law Selected material from ALF Reader Anthony Anghie, material to be announced. Specific Readings to be determined from areas of Race and Law, and Third World Perspectives in International Law. 9

10 Textbook(s)/Supplementary Readings 10