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

Similar documents
Lahore University of Management Sciences. Law 310 Jurisprudence Fall Semester 2014

Jurisprudence & Legal Theory. Dr Sai Ramani Garimella

School of Law, Governance and Citizenship. Ambedkar University, Delhi. Course Outline: Speech, Crime and Law

LLOYD'S INTRODUCTION JURISPRUDENCE SIXTH EDITION. by M.D.A. FREEMAN, LL.M. Professor of English Law in the University of London

Lahore University of Management Sciences. Phil 323/Pol 305 Contemporary Debates in Political Philosophy Fall

QUEEN'S UNIVERSITY Department of Political Studies POLS 350 History of Political Thought 1990/91 Fall/Winter

Lahore University of Management Sciences. Phil 228/Pol 207 Contemporary Debates in Political Philosophy Summer 2017

Lahore University of Management Sciences. Introduction to Legal Reasoning LAW 101 Section 1. Spring 2018

POL 192b: Legal Theory Spring 2016 Room: TBD W 2:00 4:50PM

LAW 664, PHILOSOPHY OF LAW (SPRING 2018) Tue. & Thu., LAW 215; Prof. Johnstone (Rm. 312) & Prof. Le Bihan (with Prof. Huff)

Lahore University of Management Sciences. LAW 481B Legal Practice II. Spring 2018

1200 Academy St. Kalamazoo, MI WINTER, Joel Feinberg & Hyman Gross (eds.): Philosophy of Law (Wadsworth Publishing Company, 1995).

Introduction to Jurisprudence and Legal Theory: Commentary and Materials. Citation Hong Kong Law Journal, 2006, v. 36 n. 3, p.

SOC 100 Introduction to Sociology Spring 2018

Detailed Contents. The European Roots of Sociological Theory 1

Lahore University of Management Sciences. Law 102 Introduction to Pakistan Legal System Fall 2017

T1 INTRODUCTION... 7 WHAT IS IT?... 7 TYPES... 7 THE RULE OF LAW...

Note: Principal version Equivalence list Modification Complete version from 1 October 2014 Master s Programme Sociology: Social and Political Theory

Lahore University of Management Sciences LAW 470: Evidence Law. Fall 2017

Lahore University of Management Sciences Law-210 Concept of Law

PLSC 118B, THE MORAL FOUNDATIONS OF POLITICS

Appendix: Extracts from the European Convention for the Protection of Human Rights and Fundamental Freedoms

METHODOLOGY Lecture and participation methods will be used. You are expected to:

Special Topic: Philosophy of Law Phil. 299, Spring 2015

PLSC 118A, THE MORAL FOUNDATIONS OF POLITICS

II. NUMBER OF TIMES THE COURSE MAY BE TAKEN FOR CREDIT: One

Kenneth Einar Himma Winter 2014 (Tuesday & Thursday, Room 441, 1:30 p.m. 3:20 p.m. Friday, April 12, April 26, 1:30 p.m. 10:20 p.m.

SOC 203Y1Y History of Social Theory. SS 2117 (Sidney Smith Hall), 100 St. George Street

University of Montana Department of Political Science

PHILOSOPHY OF LAW PHILOSOPHY 6000 FALL 2013

Lahore University of Management Sciences. POL 131 Introduction to International Relations Fall

Lahore University of Management Sciences. POL 131 Introduction to International Relations Fall

POL 10a: Introduction to Political Theory Spring 2017 Room: Golding 101 T, Th 2:00 3:20 PM

Power, Oppression, and Justice Winter 2014/2015 (Semester IIa) Rijksuniversiteit Groningen, Faculty of Philosophy

The Social Contract Class Syllabus

DEGREES IN HIGHER EDUCATION M.A.,

Legal Practice LAW 481-B Spring 2014

Phil 28 Ethics and Society II

Curriculum for the Master s Programme in Social and Political Theory at the School of Political Science and Sociology of the University of Innsbruck

Lahore University of Management Sciences. Legal Writing & Research Methods Law 200. Spring 2018 COURSE BASICS

PHIL 28 Ethics & Society II

GOVT International Relations Theory Credits: 3 (NR)

THEORIES OF POLITICAL ECONOMY: FROM SMITH TO SACHS MORSE ACADEMIC PLAN TEXTS AND IDEAS. 53 Washington Square South

HISTORY OF SOCIAL THEORY

JURISPRUDENCE: THEORY AND CONTEXT. Second Edition BRIAN BIX

25th IVR World Congress LAW SCIENCE AND TECHNOLOGY. Frankfurt am Main August Paper Series. No. 055 / 2012 Series D

PHIL245: Philosophy of Law MW 11:40-12:55, MAG104

Required Text Friedrich D., Law in Our Lives: An Introduction 2 Ed; Oxford University Press TABLE OF CONTENTS

PLSC 118B, THE MORAL FOUNDATIONS OF POLITICS

Foundations of Institutional Theory. A block seminar in the winter term of 2012/13. Wolfgang Streeck, Max-Planck-Institut für Gesellschaftsforschung

ECON 5060/6060 History of Economic Doctrines

Philosophy 34 Spring Philosophy of Law. What is law?

Poole Place of Law - Spring Spring The Place of Law. Wednesday 1:00-3:00 Macauley 400

467 Schermerhorn Hall 456 Schermerhorn Hall

LAWS20102 Jurisprudence ( )

1. Lon L. Fuller, Consideration and Form, 41 Columbia Law Review 799 (1941).

Political Science (PSCI)

Days/Time/Classroom: MW/3:00-4:15 PM/BUSAD D201

Natural Law St. Thomas Aquinas

Power and Social Change IIS/GFS 50 Fall 2008 (This syllabus is posted on Sakai)

City University of Hong Kong

PHILOSOPHY OF LAW. Seventh Edition. Edited by. Joel Feinberg. University of Arizona. Jules Coleman. Yale Law School THOMSON WADSWORTH

Chapter 1 Sociological Theory Chapter Summary

POLITICAL SOCIOLOGY Sociology 920:290 Paul McLean. Department of Sociology Rutgers University Fall 2007

Feminist views on role or religion. Paper 2: Beliefs in Society. Paper 2: Beliefs in Society. Sociological theory of role of religion

GE 21A: History of Social Thought Fall 2004 Professors Rogers Brubaker, Vincent Pecora, Russell Jacoby, and Kirstie McClure

ENROLLMENT, WRITTEN WORK, AND REQUIREMENTS:

POL 131 Introduction to International Relations Fall

Contemporary Social Theory and Trans-nationalism. CRN STSH Thursday 10:00 12:50PM Sage Lab 5711

Jane Mansbridge, Adams Professor, KSG Semester: Spring 2009 Tuesdays and Thursdays, 1:10 2:30 p.m.

ECON 5060/6060 History of Economic Doctrines

Social and Political Ethics, 7.5 ECTS Autumn 2016

Sociology of Law. Sociology Department, University of Toronto SOC6306H, Fall 2017

The Sociology of Law

IDEA OF INDIVIDUALITY IN POLITICAL THOUGHT

GREAT POLITICAL THINKERS

JENNIFER G. PITTS Assistant Professor, Department of Politics, Princeton University

Law & Society SOCIOLOGY and LEGAL STUDIES 206 Winter 2013 Tuesdays and Thursdays, 9:30 10:50 am Fisk Hall 217

Introduction to Comparative Politics POL 2339WA Tuesdays 7-10pm

Comparative Political Systems (GOVT_ 040) July 6 th -Aug. 7 th, 2015

IS303 Origins of Political Economy

Humanities 5696: The Culture of Capitalism

University of Florida Spring 2017 CONTEMPORARY SOCIOLOGICAL THEORY SYA 6126, Section 1F83

Second Edition. Political Theory. Ideas and Concepts. Sushila Ramaswamy

In 1978, Congress established the Foreign Intelligence Surveillance Court, which reviews warrants related to national security investigations.

SYLLABUS & PROGRAMME STRUCTURE. Sociology (Honours) (Choice Based Credit System) (Effective from the Academic Session ) Third Semester

UNIVERSITY OF MALTA THE MATRICULATION CERTIFICATE EXAMINATION INTERMEDIATE LEVEL SOCIOLOGY. May 2010 EXAMINERS REPORT

Political Economy. M.A. Political Economy. Ph.D. with Specialization in Political Economy (Collaborative Program) About the Program

Theories and Methods in the Humanities: Rethinking Violence IPH 405

Curriculum Vitae SOURABH SINGH

PADM Foundations of Policy Analysis

READINGS IN THE PHILOSOPHY OF LAW

PS489: Federalizing Europe? Structure and Behavior in Contemporary European Politics

COLGATE UNIVERSITY. POSC 153A: INTRODUCTION TO COMPARATIVE POLITICS (Spring 2017)

ECONOMICS AND COMPARATIVE POLITICS FORM IV

State, Law and Politics in Society L , G and G Furman Hall, Rm 316 Wednesday: 4:05-5:55

POL 46X Democracy and Difference Spring 2010

Assumptions Critiques Key Persons 1980s, rise after Cold War Focus on human in world affairs. Neo-Realism

Theories of Justice. Is economic inequality unjust? Ever? Always? Why?

JURISPRUDENCE: a brief story by. Alexander B R Ö S T L. Košice 2010

Transcription:

Instructor Sadaf Aziz Room No. 1-25 Class Timings Mondays; Wednesdays: 2:00 PM 3:50 PM Office Hours Email sadafaziz@lums.edu.pk 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

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

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

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, 205-256. Undertake an analysis of law as an emergent form for modern social relations. H.L.A. Hart, Positivism and the Separation of 4

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. 230-240, 252-278. Pierre Boudieu, The Force of Law: Towards a Sociology of the Juridical Field (1987) 38(5) Hastings Law Journal pp 814-53 Niklas Luhmann (1993), Excerpt from Law as a Students study law as a social system. 5

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. 809-831. 19 & 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

Modernism, pp. 179-212. Gary Minda (1995), Law and Economics in Post-Modern Legal Movements: Law and Legal Movements at Century s End, pp. 83-105. Calabresi and Melamed, Property Rules, Liability Rules and Inalienability: One View of the Cathedral (1972) 85:6 Harvard Law Review 1089-1128. 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

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. 1-65. 24 & 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 1669. 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

26 & 27 Law as Apparatus Lenin and E. Pashukanis in M.D.A. Freeman (1959), Lloyd s Introduction to Jurisprudence, pp. 876-932. 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: http://www. 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. 449-514. 30 & 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

Textbook(s)/Supplementary Readings 10