Civil Disobedience By Martin Luther King - 1077 Words

In the Stanford Encyclopedia of Philosophy, civil disobedience is defined as â€Å"a public nonviolence and conscientious breach of law undertaken with the aim of bringing about a change in laws or government policies†. Martin Luther King sought to end the unjust law of segregation in a nonviolent campaign. He outlines the four basic steps: â€Å"collection of the facts to determine whether injustices exist; negotiation; self-purification; and direct action† behind the beauty of a nonviolent campaign. King also described the differences between just and unjust laws. King says that we have a â€Å"moral responsibility to disobey unjust laws†. While King was incarcerated in Birmingham he sent this letter to the Clergyman that believes King’s†¦show more content†¦This is absolutely absurd. How it is that one city has more brutality towards the African American culture than any city in the whole state. The next step on the King’s theory is to n egotiate. In the letter from Birmingham jail, king wanted to negotiate with the clergyman about the equal rights for the African Americans. Kings wanted to negotiate with the government about the desegregation of African Americans, because they were still getting the house bombed and they were segregated from school and other public places. After the civil the segregation was prohibited from the United States. King wanted to negotiate with the government. But he was held to broken promises. In Antigone, Antigone skipped this step and didn’t negotiate with the Creon about his brother’s burial, â€Å"I’ll bury my brother-your brother too† (line 49). She stated this to her Ismene that if she is not going to help then she is going to do the deed alone. Antigone took the next step self-purification, and made the decision of burying her brother. If she would have tried to negotiate with the Creon, maybe it would be different outcome. The third step in Kings no n-violent civil disobedience is self-purification, which means getting rid of all the pollution out of your body. In â€Å"letter from Birmingham jail† king wanted every African American to take their anger out of their minds and be part of nonviolent campaign. In Antigone,

Espionage in the American Civil War Essay - 5553 Words

Gardner-Webb University Boiling Springs, NC Term Paper INTELLIGENCE IN THE AMERICAN CIVIL WAR: THE DEVELOPMENT OF INTELLIGENCE IN THE AMERICAN CIVIL WAR AND THE EFFECTS OF THE ESPIONAGE SYSTEM ON THE WAR Lauren E. Caulder HIS 318-C Fall 2011 Espionage at the commencement of the American Civil War was not an organized system; however the war necessitated the development of more structured intelligence systems for both the Union and the Confederacy. By the middle of the war the dimensions of the espionage system had augmented significantly. Thus espionage came to play a critically important role that affected general’s decisions in both the North and the South, ultimately affecting the outcome of the Civil War as a whole.†¦show more content†¦In fact, Pinkerton’s agency and espionage tactics formed the basis for the Federal Bureau of Investigation (FBI). The Bureau of Military Information (BMI), founded by General Hooker in 1863, was directed by George Sharpe. A vast collection of reports from the BMI were discovered at the National Archives in 1959 by Edwin Fishel. These reports disclosed that, in contrast to Pinkerton’s system, Sharpe’s unit used a host of sources in gathering intelligence, including cavalry, spies, balloonists, Signal Corps observers, scouts, and interrogations of prisoners and deserters. By merging the information gathered from all of his sources, Sharpe was able to provide Hooker with a comprehensive description of enemy standing. General Grant, who initially placed minimal importance upon intelligence gathering, came to view intelligence as a vital tool and depended upon Sharpe’s reports and the activity of the BMI to provide him with secret information. In fact, â€Å"the BMI became an integral part of Grant’s successful campaign to neutralize the Shenandoah Valley and to stretch L ee’s manpower to the brink of collapse.† Confederate espionage definitely had the advantage at the outbreak of the war. By early 1861, the Rebels had already established a spy ring in the Yankee political and military capital, Washington, D.C. The Confederacy benefitted largely from its numerous individual operatives. Though the South made efforts to establish a regulatedShow MoreRelatedSpies And The Cold War1343 Words   |  6 PagesThe Cold War introduced many new things to the world. The possibility of nuclear war, the internet, advanced technology, space programs, etc. But one of the more well-known advances would have to be spies and espionage. Espionage was used before the Cold War but the war increased the popularity of espionage. It was portrayed as romantic and exciting, but the reality wasn’t romantic. It was a dangerous job; if you were caught you would be tortured for information or killed with little to no hope ofRead MoreThe United States Treatment of Japanese Americans During World War II1216 Words à ‚  |  5 Pagespersons† were Japanese Americans, 2/3 citizens and 1/3 aliens, and the designated area was the West Coast of the United States. The Executive Order to place the Japanese living in the United States into internment camps was deemed necessary due to the recent attack on Pearl Harbor, December 7, 1941, by Japan. The United States government gave several justifications, both military and constituently for the decision of the camps. However, not all of the Japanese Americans took the order in strideRead MoreOver The Course Of History We Have Seen Examples Of When1127 Words   |  5 Pagescourse we have observed how espionage has shaped the world and what is their impact on societies. For this essay three particular pieces of media spanning across decades, will be observed, all are centered on the theme of espionage. The three sources that all involve espionage, in Zhitomirsky’s gallery we see artistic depictions of political figures, with the purpose of spreading hatred against The U.S.A.. In Provoke the artists took real life pictures of the civil war that was occurring in JapanRead MoreEssay on Civil Liberties During World War One798 Words   |  4 PagesMackenzie Deane Period 4 Civil Liberties during World War One According to the Bill of Rights, â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.† Nowhere in the First Amendment does it state that in times of war, the government can change the laws that have been made toRead More Womens Roles During Times of War Essay1307 Words   |  6 PagesWomens Roles During Times of War Despite the prevalence of war goddesses in most traditions from China to Greece to Ireland, women have been separated from the front lines of war for centuries. Western tradition claims that women are not made for war, but for household work: sewing, cleaning, cooking, and looking after children. Society told women to carry brooms in lieu of swords; to collect firewood instead of ammunition, and to keep house rather than protect a nation. Yet, for centuriesRead MoreU.s. Foreign Policy Of Containment1074 Words   |  5 Pagesthe Cold War in order to prevent the spread of Communist ideology of the Soviet Union in other countries. After World War II, George Kennan, â€Å"...a career diplomat and expert on Russia†¦Ã¢â‚¬ (Roark, Pg.867), had anticipated that the Soviet Union wanted to gain power and expand Communism throughout other countries, so in order to provide a counterforce and protect American capitalism, Kennan developed the idea of containment that defended threaten co untries from Communist power with American atomic weaponsRead MoreJapanese Internment Camps841 Words   |  3 PagesThe Second World War was an international event which drastically impacted the world as a whole. With the war came a new found sense of mistrust throughout society. American and Canadian communities were divided due to the fear of espionage and sabotage, forms of spying which could help aid the enemy in war. This division promoted distrust, discrimination and violence toward Japanese immigrants and their children. To offset these fears resulting from war, Japanese Americans and Japanese CanadianRead MoreU.s. National Security And Foreign Policy1427 Words   |  6 Pagesrelations between the United States and multiple countries. Moreover, research acquired from journals, academic books, congressional documents, and scholarly articles will be used to strengthen the argument that the ramifications of whistleblowing and espionage in the Information Age have heightened t he potential for damage to U.S. foreign relations and national security. The infamous cases of Aldrich Ames and Edward Snowden have been highly publicized and extensively researched by the intelligence communityRead MoreThe War I Was Considered The Great War1338 Words   |  6 PagesWorld War I is considered the Great war, â€Å"the war to end all wars.† Under President Woodrow Wilson, America entered a war that was the first of its kind, involving several major powers worldwide. Starting in Europe, World War I would lead to changes that still affect the world today. The Great War also produced questions on morals, loyalty, and nationalism that are still relevant today. Before the Great War progressed too far, Woodrow Wilson explicitly stated, â€Å"the United States must be neutralRead MoreWomen Spies in the American Civil War2015 Words   |  9 Pagesmillion deaths the most gruesome war in American history drove citizens to action. The suffering during this era was so great many were inspired by nationalism to act. For those who were unable to join the fight upon the battlefield, espionage represented a chance for personal involvement. Although it is believed that many agents never sought recognition for their service, especially Confederate scouts, documentation depicts the espionage present during the American Civil War to be surprisingly sophisticated

Case Studies on Ethics for Student Affairs free essay sample

Case Studies on Ethics for Student Affairs her research on ethics and learning communities, among other areas. The knowledge possessed and presented by these highly qualified professionals melds seamlessly in oice and style in creating an applicable and comprehensive paradigm. Whereas previous student services writings addressed ethics and ethical decision making thoroughly, Case studies stands out for the breadth of recent knowledge accumulated from more than 50 graduate students and new and mid-level professionals. The editors do not make any pretention that the text is anything but a compilation of potential in-class-based group discussion formulas based on case studies. In that regard, the first two chapters are fairly broad and direct: Chapter One provides a general overview of professional student affairs ethics within the rubric of rofessional development and identity. Adequate, but not extensive, attention is paid to a cursory literature review. The foundation of Chapter One entails an explanation of an ethical rubric that relies on an individuals resources of background beliefs, character or beliefs, and virtue (Hamrick Benjamin, 2009, p. We will write a custom essay sample on Case Studies on Ethics for Student Affairs or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page ). The use of these resources in combination, according to Hamrick and Benjamin, leads to greater understanding within a particular institutional culture and the overall profession. The chapter, therefore, provides a sound basis for setting the stage for the main focus of the remainder of the book. Chapter Two identifies specific strategies and approaches for analyzing the presented ethical case studies and provides a sample case study with the applied approach explicated by the editors. The framework includes identifying relevant situational characteristics; analyzing the situation; consulting ethical principles; identifying and consulting relevant ethical standards; recommending actions and strategies; and appraising the decision (Hamrick Benjamin, 2009, pp. 18-20). The best portion of the chapter, however, entails the thorough discussion presented by the sample case study. The case study, similar to he ones presented later in the book, is fairly brief (three or four full paragraphs) and describes major characters and situations. Some details are presented and the main issue is framed to appear at the end of the presentation. The requisite do and why? appears at the end to prompt discussion. question What should Drs. Hamrick and Benjamin have utilized their extensive knowledge as editors and authors to crystallize the case studies into the sections for Chapters Three through Seven: academic student services; enrollment services; residence life; student co-curricular and Greek life; and mentoring and professional advancement. Although the examples are far ranging and informative, with major issues and hypothetical characters identified, the text would have been better served by utilizing the same approach as Chapter Two: picking out a smaller number of examples and providing a more detailed case analysis for those examples. Additionally, the only exposition given after each of the examples in the text was the formulaic question: what should the main character do and Media Review: Maybe I Should . .. Case Studies on Ethics for Student Affairs why? One could imagine that specific case studies, such as the cleverly named An Arrested RA Development or Treading Water in the Candidate Pool, would have been worthy of their own full chapter. Although the examples utilized are variations of real-world experiences, I could not help but wonder if there would have been added value in presenting ethical dilemmas that were presented previously in the public realm. Many of the details surrounding these experiences are not as well known or presented as in this text. However, many of the outcomes have already been decided. It would have been interesting to present some of those examples within the same ubric as the sanitized case studies. There are three appendices presented: one for the ACPA, NASPA, and CAS Professional Ethics statements; one that provides an additional ethical exercise; and a final one that provides suggestions and useful information for instructors and facilitators. The most useful appendix is the first one, which provides the gold standard for our professional ethics. A subject index provides an easy guide for cross-referencing the examples by case title, constituent group targeted, the broad issue addressed, institutional type, population type, and page location in the book. The placement of the subject index would have been better served at the beginning of the text rather than at the end. The text succeeds as a standard text or workbook and would be best utilized in a group setting. It can also be used individually as a reminder of how a person utilized similar skills in similar past situations or in how to deal with present or future incidents. As entering, new, or seasoned student affairs professionals, we can all certainly appreciate the ability to apply not only our skills and abilities but our ethical stances in solving everyday issues.

Philosophy of Law free essay sample

PHL 612 Philosophy of Law [Calendar Description]: What is law? What makes something a legal norm? Should citizens always obey the law? What is the relationship between law and morality? This course will explore competing theories of law, such as natural law and positivism, and touch on crucial debates over civil disobedience, purposes of punishment, and interpretation of legal texts. It will deal with contemporary controversies over the legal regulation of human behaviour, for instance in matters of sexual morality. Grading Scheme: Course Evaluation: Grades will be determined in the following manner: Task Value Date Midterm Test 25% Week 7 Essay Assignment* 30% Week 11 (March 28) Final Exam 45% TBA *Essay Assignment will be 1750 2250 words (Approximately 7 9 pages) OR Alternative Community-based/ Service Learning Opportunity Marks for assignments will be posted on Course Website on Blackboard Any alterations in any of the above will be discussed in class prior to being implemented. The usual process for making alterations to the grading scheme includes: (a) discussing the changes with the class; (b) making such revisions as early as possible in the course; and (c) confirming the changes both orally and in writing (handout or posting to course website). We will write a custom essay sample on Philosophy of Law or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page NOTE: Faculty Course Surveys will be administered online Readings and Resources: There will be a Course Website on Blackboard. Course readings will be comprised of selected journal articles and court cases as specified in the Course Schedule. The readings are itemized and numbered in the Course Schedule below. All course readings can be accessed electronically. Many are available through links found in the Course Readings area of the course website on Blackboard (through Ryerson University Library electronic holdings). Court cases can be accessed through the CanLII website. NOTE: The full references and citations for the readings follow under the heading â€Å"Sources/ References for Course Readings†. Powerpoint Presentations and Instructors Supplemental Notes will be posted in the Documents area of the course website on Blackboard. Other documents will be posted in the Documents area, and figures and charts are posted in the Information area. Please note: A variety and diversity of readings on the issues are included in order to give students choices for the essay topics; only specified readings will be the focus of the questions on the mid term test and final exam. ELABORATION ON COURSE CONTENT: In this course we will focus on the conceptual issues arising from philosophical questions about law: What is law? What makes law valid? How do moral norms and legal norms overlap, and yet ultimately, differ from each other? How do moral perspectives impact upon and influence the articulation and interpretation of legal norms? In what ways do particular interpretations of legal documents and legal rulings provide reasons for acting or deciding (if one is a judge)? What are judges disagreeing about when they disagree about how to decide a particular case what the law is, or what it ought to be? Does what the law is sometime depend on what it ought to be? Are we morally obligated to obey each and every law, even when the content of a particular law is contrary to justified morality? Theories and principles to be explored throughout the course include several variants of Natural Law, Legal Positivism, and Interpretivism, as well as Feminist Theory and Critical Race Theory. Course materials will also engage with debates over the role of the Harm Principle, Moralism and Paternalism, especially in the context of Criminal Law. In order to bring these often very abstract issues to life, we will examine a selection of high profile and prominent decisions (mainly from Canadian courts, and frequently from the Supreme Court of Canada) which can be said to have changed the law, and in which the judges of the court have disagreed among themselves. Cases to be covered concern controversial issues such as Battered Woman Syndrome, Euthanasia/ Physician Assisted Suicide, Hate Speech, Marijuana Use, Obscenity/ Pornography, Prostitution, or topics in human rights (i. e. , freedom of expression, national security and the right not to be tortured, or religious freedom). Analysis of cases will include exploration and examination of the philosophical aspects of crucial terms and concepts that appear in Canadian law, such as in the Criminal Code of Canada, or in the Canadian Charter of Rights and Freedoms. PLEASE NOTE: Philosophical theories of punishment, such as deterrence (based on the ethical theory of utilitarianism), retributivism (based on the ethical theory of deontology), denunciation, and restorative justice are covered comprehensively in a different course, PHL 449, Philosophy of Punishment. Throughout the course, there will be an iterative process for learning, one in which philosophical theories and perspectives on the nature of law are scrutinized in the context of the reasoning of the judges in real world cases, in order to make more sense of what was at stake, philosophically as well as legally. Finally, at the culmination of the course, there should be an opportunity to delve into the debates over the justification of civil disobedience and the theoretical foundations of the rule of law, topics that can help to bring together many of the themes of the course as a whole. Our goal in this course is to think more critically about our concepts of law, and the values and principles reflected and represented in our laws. Course materials deal with topics and issues that can evoke strong moral reactions and raise sensitive issues. The goal of subjecting the topics to philosophical scrutiny and analysis to articulate, clarify and elaborate on the insights to be gleaned from reliance upon logical reasoning and critical argumentation. Philosophers believe that significant progress can be realized through efforts made to examine and explore the conceptual and theoretical convergences and divergences between competing and contrasting positions in public policy debates. Classroom discussions can be expected to be full of argument and debate, and yet we should all expect of ourselves and each other that the discussions will be conducted in a spirit of inquiry, exemplifying respect, civility, courtesy and goodwill. Course Schedule: Course Schedule: Wednesdays from 11:10 am to 2:00 pm, East Kerr Hall, Room 225 Week One Classes begin Friday January 10 *NOTE: Please see Sources and References below (following the Course Schedule) for information on the course readings (available through the Blackboard course website or on the internet) Week One/ Wednesday January 15: TOPIC – Introduction to Philosophy of Law; Conceptualizing Law And Reading a Case (1) Riggs v. Palmer [Link in Course Readings] Week Two/ Wednesday January 22: TOPIC – Cluster Concepts of Law READINGS: (2) Brian Tamanaha, â€Å"Law† [Link in Course Readings] Week Three/ Wednesday January 29: TOPIC – Legal Theory: Classical and Modified Legal Positivism READINGS: (3) H. L. A. Hart, â€Å"Positivism and the Separation of Law and Morals† [Link in Course Readings] *NOTE: The key portions of the article by H. L. A. Hart are the following: section I, pages 594 (middle) 605, plus pages 614 (middle, beginning with We can now return to the main point ) and section IV, pages 615 (middle) to 621 top. The Grudge Informer case is discussed on pages 618-619. Week Four/ Wednesday February 5: Legal Theory: Classical Natural Law Theory READINGS: (4) Lon Fuller, â€Å"Positivism and Fidelity to Law: A Reply to Professor Hart† [Link in Course Readings] *NOTE: The key portions of the article by Lon Fuller are the following: section I, pages 633-638, plus section V. pages 648 (middle) 661 (middle). The Grudge Informer case is discussed on pages 652-653. Week Five/ Wednesday February 12: Legal Theory: Procedural Natural Law Theory PLUS Riggs v Palmer AND Review for Mid Term Test READINGS: Review (3) and (4) Week Six/ February 17 – February 21: No Classes; Study Week/ Winter Break Week Seven/ Wednesday February 26: TOPIC – MID TERM TEST Week Eight/ Wednesday March 5: TOPIC – Paternalism and Moralism AND Charter Jurisprudence, Prostitution and Feminist Legal Theory READINGS: (5) and (6) John Stuart Mill, Excerpts from On Liberty, Chapter 1 and Chapter 2 [Link in Course Readings] (7) Gerald Dworkin, â€Å"Paternalism† [Link in Course Readings] (8) Bedford v. Canada [Available online through CanLII] Week Nine/ Wednesday March 12: TOPIC – TOPIC – Charter Jurisprudence and Marijuana Use READINGS: (9) R. v. Malmo? Levine; R. v. Caine (combined decision, excerpts) [Available online through CanLII] Week Ten/ Wednesday March 19: TOPIC – Charter Jurisprudence and Euthanasia READINGS: (10a) Rodriguez v. Attorney-General of B. C. (SCC) (excerpts) [Available online through CanLII] (10b) Rodriguez v. Attorney-General of B. C. (BCCA) (excerpts) [Available online through CanLII] Week Eleven/ Wednesday March 26: Guest Speaker, Nicole Bernhardt on Critical Race Theory PLUS TOPIC – Charter Jurisprudence and Pornography READINGS : (11) Carol Aylward, â€Å"Critical Race Theory† [Link in Course Readings] (12) Martha Fineman, â€Å"Feminist Legal Theory† [Link in Course Readings] (13) R. v. Butler (excerpts) [Available online through CanLII] *ESSAY DUE (Friday March 28) Friday March 28, 2014: Final Date to Drop Without Academic Penalty Week Twelve/ Wednesday April 2: TOPIC Battered Woman Syndrome and Feminist Legal Theory READINGS: (14) R. v. Lavallee (excerpts) [Available online through CanLII] Week Thirteen/ Wednesday April 9: TOPIC Religious Freedom PLUS Review for Final Exam READINGS: (15) Multani v. Commission scolaire Marguerite-Bourgeoys (16) Trinity Western University v. British Columbia College of Teachers OR TOPIC – Interpretivism READINGS: (17) Ronald Dworkin, â€Å"Law as Interpretation† [Link in Course Readings] (18) Ronald Dworkin, â€Å"Laws Ambitions for Itself† [Link in Course Readings] Thursday April 10, 2014: Classes End Final Examination Period: Monday April 14, 2013 to Monday April 28, 2013 Sources/ Citations for Course Readings: (1) Riggs v. Palmer 115 NY 506, Court of Appeals of New York (1889). Link in Course Readings and Available online: http://www. courts. state. ny. us/reporter/archives/riggs_palmer. htm (2) Tamanaha, Brian. 2008. â€Å"Law†, Oxford International Encyclopedia of Legal History, St. Johns Legal Studies Research Paper No. 08-0095. Link in Course Readings and Available online: http://papers. ssrn. com/sol3/papers. cfm? abstract_id=1082436rec=1srcabs=1012051 (3) Hart, H. L. A. 1958. (1958) â€Å"Positivism and the Separation of Law and Morals† Harvard Law Review, Volume 71, Number 4 (Feb. , 1958), pages 593-629. Link in Course Readings and Available online through Ryerson University Library; URL: http://www. jstor. org/stable/1338225 (4)Fuller, Lon. 1958. â€Å"Positivism and Fidelity to Law: A Reply to Professor Hart†, Harvard Law Review, Volume 71, Number 4 (Feb. , 1958), pages 630-672. Link in Course Readings and Available online through Ryerson University Library; URL: http://www. jstor. org/stable/1338226 (5) Mill, John Stuart. 1869. On Liberty, Chapter One, â€Å"Introductory†. Link in Course Readings and Available online: http://www. utilitarianism. com/ol/one. html (6) Mill, John Stuart. 1869. On Liberty, Chapter Two, â€Å"Of the Liberty of Thought and Discussion†. Link in Course Readings and Available online: http://www. utilitarianism. com/ol/two. html (7) Dworkin, Gerald. 2010. â€Å"Paternalism†, Stanford Encyclopedia of Philosophy. Link in Course Readings and Available online: http://plato. stanford. edu/entries/paternalism/ (8) Bedford v. Canada, 2013 SCC 72 (Supreme Court of Canada). Available online: CanLII: http://www. canlii. org/en/ca/scc/doc/2013/2013scc72/2013scc72. html (9) R. v. Malmo? Levine; R. v. Caine, [2003] 3 S. C. R. 571 (Supreme Court of Canada, combined decision); 2003 SCC 74 (CanLII). Available online : CanLII: http://www. canlii. org/en/ca/scc/doc/2003/2003scc74/2003scc74. html; http://www. canlii. org/en/ca/scc/doc/2003/2003scc74/2003scc74. pdf (10a) Rodriguez v. Attorney-General of B. C. [1993] 3 S. C. R. 519 (Supreme Court of Canada); 1993 CanLII 75 (SCC). Available Online: CanLII: http://www. canlii. org/en/ca/scc/doc/1993/1993canlii75/1993canlii75. html; http://www. canlii. org/en/ca/scc/doc/1993/1993canlii75/1993canlii75. pdf (10b) Rodriguez v. Attorney-General of B. C. [1992] 4 W. W. R. 109 (British Columbia Court of Appeal); 1993 CanLII 1191 (BC CA). Available Online: CanLII: http://www. canlii. org/en/bc/bcca/doc/1993/1993canlii1191/1993canlii1191. html; http://www. canlii. org/en/bc/bcca/doc/1993/1993canlii1191/1993canlii1191. pdf Excerpts Available in Canadian Cases in the Philosophy of Law, edited by Jerome Bickenbach, Third Edition, pages 160-166. Available Electronically through Ryerson University Library; Call Number: KE427. A7 C36 1998eb (11) Aylward, Carol. 1999. â€Å"Critical Race Theory†, Chapter 1 from Canadian Critical Race Theory: Racism and the Law, pages 19-49. Fernwood Books. Available through Ryerson University E Resources. Call Number: KE4410 . A94 1999eb (12) Fineman, Martha Albertson. 2005. â€Å"Feminist Legal Theory†, Journal of Gender, Social Policy and the Law, Volume 13, Number 1, 2005, pages 13-23. Link in Course Readings and Available online: http://www. wcl. american. edu/journal/genderlaw/13/fineman. pdf? rd=1 (13) R. v. Butler [1992] 1 S. C. R. 452 (Supreme Court of Canada), 1992 CanLII 124 (SCC). Available online: CanLII : http://www. canlii. org/en/ca/scc/doc/1992/1992canlii124/1992canlii124. html; http://www. canlii. org/en/ca/scc/doc/1992/1992canlii124/1992canlii124. pdf Excerpts in Canadian Cases in the Philosophy of Law, edited by Jerome Bickenbach, Third Edition, pages 87-95. Available Electronically through Ryerson University Library; Call Number: KE427. A7 C36 1998eb (14) R. v. Lavallee [1990] 1 S. C. R. 852 (Supreme Court of Canada). Available Online: CanLII: http://scc. lexum. org/en/1990/1990scr1-852/1990scr1-852. html; http://scc. lexum. org/en/1990/1990scr1-852/1990scr1-852. pdf Excerpts in Canadian Cases in the Philosophy of Law, edited by Jerome Bickenbach, Third Edition, pages 239-246. Available Electronically through Ryerson University Library; Call Number: KE427. A7 C36 1998eb (15) Multani v. Commission scolaire Marguerite-Bourgeoys, [2006] 1 S. C. R. 256, 2006 SCC 6 Available online: CanLII: http://www. canlii. org/en/ca/scc/doc/2006/2006scc6/2006scc6. html http://www. canlii. org/en/ca/scc/doc/2006/2006scc6/2006scc6. pdf (16) Trinity Western University v. British Columbia College of Teachers, [2001] 1 S. C. R. 772, 2001 SCC 31 Available online: CanLII: http://www. canlii. org/en/ca/scc/doc/2001/2001scc31/2001scc31. html http://www. canlii. org/en/ca/scc/doc/2001/2001scc31/2001scc31. pdf (17) Dworkin, Ronald. 1982. â€Å"Law as Interpretation†. Critical Inquiry, Volume 9, Number 1, The Politics of Interpretation (September 1982), pages 179-200. (18) Dworkin, Ronald. 1985. â€Å"Laws Ambitions for Itself†. Virginia Law Review, Volume 71, Number 2 (March 1985), pages 173-187. ADDITIONAL: (19) King, Martin Luther. â€Å"Letter from a Birmingham Jail†. Available online: http://www. africa. upenn. edu/Articles_Gen/Letter_Birmingham. html (20) Brownlee, Kimberley. 2007/ 2009. â€Å"Civil Disobedience†. Stanford Encyclopedia of Philosophy. Available online: http://plato. stanford. edu/entries/civil-disobedience/ AND Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982 being Schedule B to the Canada Act 1982 (U. K. ), 1982, c. 11. Sections 1, 2, 3, 7, 9, 10, 11, 12, and 15. Available Online: CanLII: http://www. canlii. org/en/ca/const/const1982. html ********************************** Recommended Resources for Future Learning: NOTE: There are links in course readings to some of these items. Christman, John. 2003/ 2009. â€Å"Autonomy in Moral and Political Philosophy†. Stanford Encyclopedia of Philosophy. Available online: http://plato. stanford. edu/entries/autonomy-moral/ Crenshaw, Kimberle, Neil Gotanda, Gary Peller, and Kendall Thomas, editors. 1995. Critical Race Theory: The Key Writings That Formed the Movement. Available through Ryerson University Library; Call Number: KF4755. A75 C7 1995 Delgado, Richard and Jean Stefancic. 2012. Critical Race Theory: An Introduction. Second Edition. New York University Press. Delgado, Richard and Jean Stefancic, editors. 1999. Critical Race Theory: The Cutting Edge. Second Edition. Temple University Press. Available through Ryerson University Library; Call Number: KF4755 . C75 2000 Devlin, Patrick. 1971. â€Å"Morals and the Criminal Law†. In Morality and the Law, edited by Richard Wasserstrom (Wadsworth, 1971), pages 24-48 Dworkin, Gerald. 1971. â€Å"Paternalism†. In Morality and the Law, edited by Richard Wasserstrom (Wadsworth, 1971), pages 107-126 Dworkin, Ronald. 1971. â€Å"Lord Devlin and the Enforcement of Morals†. In Morality and the Law, edited by Richard Wasserstrom (Wadsworth, 1971), pages 55-72 Finnis, John. 2007. â€Å"Natural Law Theory†, Stanford Encyclopedia of Philosophy. Available online: Fish, Stanley. 1982. â€Å"Working on the Chain Gang: Interpretation in Law and Literature†. Critical Inquiry, Volume 9, Number 1, 201-216. Reprinted in 60 Texas Law Review, 1981-1982, 551-567. Fuller, Lon. 1964/ 1969. The Morality of Law. Revised Edition. Yale University Press. Green, Leslie. 2003. â€Å"Legal Positivism†, Stanford Encyclopedia of Philosophy. Available online: Hart, H. L. A. 1961/ 1994. The Concept of Law. Second Edition. Oxford University Press. Hart, H. L. A. 1971. â€Å"Immorality and Treason†. In Morality and the Law, edited by Richard Wasserstrom (Wadsworth, 1971), pages 49-54. Lefkowitz, David. 2007. â€Å"On a Moral Right to Civil Disobedience†. Ethics, Volume 117 (2), pages 202-233. Menkel-Meadow, Carrie. 2005. â€Å"Portia Redux: Another Look at Gender, Feminism and Legal Ethics†. In Susan Carle, editor, Lawyers’ Ethics and the Pursuit of Social Justice: A Critical Reader, 274-281. New York University Press. Available online: http://jay. law. ou. edu/faculty/jmaute/lawyering_21st_century/menkel-meadow. pdf Shapiro, Scott. 2007. â€Å"The ‘Hart-Dworkin Debate’: A Short Guide for the Perplexed†, University of Michigan Public Law Working Paper No. 77. Available online: http://ssrn. com/abstract=968657 Tamanaha, Brian. 2007. â€Å"A Concise Guide to the Rule of Law†, Florence Workshop on the Rule of Law, edited by Neil Walker, Gianluigi Palombella, St. Johns Legal Studies Research Paper No. 07-0082, Hart Publishing Company, 2007. Available online: http://ssrn. com/abstract=1012051 Tushnet, Mark. 2005. â€Å"Survey Article: Critical Legal Theory (without Modifiers) in the United States†. The Journal of Political Philosophy, Volume 13, Number 1, pages 99-112. Link in Course Readings and Available through Ryerson University E Resources. Waldron, Jeremy. 2008. â€Å"The Concept and the Rule of Law†, Georgia Law Review, NYU School of Law, Public Law Research Paper No. 08-50, 2008. Available online: Wasserstrom, Richard, editor. Morality and the Law. Wadsworth. Available through Ryerson University Library; Call Number: BJ55 . W3 1971 West, Robin. 1988. â€Å"Jurisprudence and Gender†. University of Chicago Law Review, Volume 55, Number 1, Winter, pages 1-72 (selected excerpts). Link in Course Readings and Available online: http://scholarship. law. georgetown. edu/cgi/viewcontent. cgi? article=1642context=facpub West, Robin. 1993. â€Å"Natural Law Ambiguities†, Georgetown Public Law and Legal Theory Research Paper No. 11-75, Connecticut Law Review, Volume 25, 1993, pp. 831 ff. ; Available online through Ryerson University Library; URL: http://papers. ssrn. com/sol3/papers. cfm? abstract_id=1846852 Recommended Additional Cases: Bedford v. Canada, 2010 ONSC 4264 (Ontario Superior Court of Justice) [Prostitution]; Available online: CanLII: http://www. canlii. org/en/on/onsc/doc/2010/2010onsc4264/2010onsc4264. html Bedford v. Canada, 2010 ONCA 814 (Ontario Court of Appeal) [Prostitution]; Available online: http://www. ontariocourts. ca/decisions/2012/2012ONCA0186. htm Carter v. Canada (Attorney General) 2012 B. C. S. C. 886; [Euthanasia/ Physician Assisted Suicide]; Available online: http://www. courts. gov. bc. ca/jdb-txt/SC/12/08/2012BCSC0886. htm R. v. Clay [2003] 3 S. C. R. 735, 2003 SCC 75 (CanLII) [Marijuana Use]; Available online: CanLII http://www. canlii. org/en/ca/scc/doc/2003/2003scc75/2003scc75. html; http://www. canlii. org/en/ca/scc/doc/2003/2003scc75/2003scc75. pdf Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69, [2000] 2 S. C. R. 1120 [Obscenity/ Pornography]; Available Online: CanLII: http://www. canlii. org/en/ca/scc/doc/2000/2000scc69/2000scc69. html; http://www. canlii. org/en/ca/scc/doc/2000/2000scc69/2000scc69. pdf R. v. Malott [1998] 1 S. C. R. 123 (Supreme Court of Canada); 1998 CanLII 845 (SCC) [Battered Woman Syndrome]; Available Online: http://www. canlii. org/en/ca/scc/doc/1998/1998canlii845/1998canlii845. html; http://www. canlii. org/en/ca/scc/doc/1998/1998canlii845/1998canlii845. pdf; Excerpts in Fourth Edition ofCanadian Cases in the Philosophy of Law, edited by Jerome Bickenbach, pages 280-281. R. v. Zundel [1992] 2 S. C. R. 731 [Hate Speech]; Available online: CanLII: http://csc. lexum. org/en/1992/1992scr2-731/1992scr2-731. html; http://csc. lexum. org/en/1992/1992scr2-731/1992scr2-731. pdf Syndicat Northcrest v. Amselm [2004] 2 S. C. R. 551 Available online: CanLII: http://www. canlii. org/en/ca/scc/doc/2004/2004scc47/2004scc47. html http://www. canlii. org/en/ca/scc/doc/2004/2004scc47/2004scc47. pdf RECOMMENDED RESOURCES (General): Orin Kerr, â€Å"How To Read A Legal Opinion†, The Green Bag, Second Series, Volume 11, Number 1, Autumn 2007; Available online: Jim Pryor, â€Å"Guidelines on Reading Philosophy†, 2006 Jim Pryor, â€Å"Guidelines on Writing a Philosophy Paper†, 2006 Jim Pryor, â€Å"Philosophical Terms and Methods† Zachary Seech, Writing Philosophy Papers, Fifth Edition (Wadsworth, 2008) Lewis Vaughn and Jillian Scott McIntosh, Writing Philosophy: A Guide for Canadian Students (Oxford University Press, 2009) ************************************* Learning Objectives: Learning Objectives: This course will address issues in the Philosophy of law, as well as philosophical theories and principles which arise in law, specifically in the context of Charter jurisprudence. Thus, we will be examining what philosophers have to say about law, along with the influence of philosophical ideas on legal arguments and judgments. Through this course with its combination of lectures, discussions and assigned readings it is hoped that students will have opportunities to realize many of the following course objectives: I Appreciation of the philosophical implications of diverse conceptions of the meaning of law; IIComprehension of the salient features of, and differences between (i) natural law theory (classical and procedural variants); (ii) legal positivism (classical and modified variants); (iii) interpretivism; (iv) legal realism; (v) critical race theory; and (vi) feminist legal theory, and their respective contributions to conceptualizing and theorizing about law; III Insight into the relevance and significance of principles and theories including: (vii) the Harm Principle; (viii) Paternalism; (ix) Legal Moralism; (x) Quality of Life, (xi) Sanctity of Life, and (xii) Wrongness of Killing, as principles underlying legal measures, and especially criminal law; IVRecognition of the crucial dimensions of validity, normativity and justification, for assessing and analysing diverse perspectives on law; VInsight into the distinctions between moral norms and legal norms, along with their overlapping and enduring influence upon each other; VIComprehension of the salient distinctions between factual issues, value issues, and matters of interpretation, and insight into diverse theories about interpretation of legal language and legal rules. VIIAppreciation of principles, values and norms which are fundamental to liberal, democratic societies, such as autonomy, equality and liberty; VIIIInsight into the range and scope of arguments in favour of freedom of expression/ speech, such as the Argument from Truth, the Argument from Democracy and the Argument from Self-Realization, and the criticisms frequently raised against those arguments; IXAppreciation of philosophical aspects of diverse conceptions of the term â€Å"justice†, such as Compensatory Justice, Corrective Justice, Criminal Justice, Distributive Justice, Procedural Justice and Substantive Justice, and the relevance of these distinctive concepts for issues pertaining to philosophy of law; XInsight into the philosophical significance and salience of the conceptual framework for Charter jurisprudence, and selected passages of Charter cases that illustrate and illuminate the pervasive influence of philosophy on law. XIAbility to apply the general moral and legal principles and theories covered in the course to cases concerning contemporary controversies, such as abortion, adultery, advertising, battered woman syndrome, euthanasia, hate speech, marijuana use, pornography, prostitution, or to topics in human rights (i. e. , national security and the right not to be tortured, or religious freedom) in a perceptive and fruitful manner. XIIAppreciation of the relevance and significance of critical thinking skills for analysing, evaluating, and crafting arguments, including those found in the course materials. XIIIEnhancement and optimization of essay writing skills, including explication and interpretation of complex ideas, analysis, evaluation and development of arguments, including setting out a position and defending it, identifying and addressing criticisms and objections to one’s own position. Other Important Course Specific Information: *Notes on Assignments (General): Writing Assignments (including Essays, Case Studies, and Reflective Papers) are judged primarily on the basis of QUALITY, and SELECTION. Considerations include the ways in which the written work evidences a thoughtful, cogent and insightful articulation of ideas, as well as a coherent and consistent principle of selection used to decide what to include and what to leave out, and in what order/ sequence to present ideas, information and analysis, along with the writing style and optimal communication practices. Factors of optimal communication practices include: thoughtful, cogent and insightful articulation of ideas, coherent and effective sequencing of points, word choice, and development of ideas within an effective organizing framework. Factors of writing style include: grammar, punctuation, sentence structure, and paragraph demarcation. Tests and exams are judged primarily on the basis of QUANTITY and RELEVANCE how much information (as modified by interpretive significance) can be provided, that is relevant to the specific questions being asked in the time available. Word choice, cogent and coherent sequencing of points, and development of ideas within an effective organizing framework are important for tests and exams, as well as for essays. Less important for evaluating answers on tests and exams are matters of writing style, grammar, punctuation, sentence structure, and paragraph demarcation (which are all crucial for evaluating essays). The Mid-Term Test and the Final Exam will be comprised of a variety and combination of short answer and medium length questions (on terms and concepts, and theories and perspectives from course materials), and some longer essay type of questions, which call for integration and assimilation of course materials. There will likely be some choice of questions, and study questions will be provided beforehand to indicate the general format, the types of questions which will be asked, and the specific materials to be covered. The Mid-Term Test and the Final Exam can be expected to address topics, themes, issues, terms, concepts, theories, perspectives, information and ideas presented in the following: class lectures and discussion; assigned readings; powerpoint presentations; and other course documents (available on Blackboard). Late Penalties: A late penalty of 2 percent per day will apply to late papers. The penalty will not be applied where there is a medical situation or family emergency, with documentation. Late essays will normally not be accepted after the Final Examination period. Requests for extensions, accommodations or considerations should be made in person, over the telephone (voicemail), during drop in office hours or during a scheduled visit with a pre-arranged appointment time. **Instructors Email Policy: Email communication is NOT intended to supplant, or substitute for contact in person, or telephone communication, but rather to supplement them. Email is appropriate as a last resort, and for brief transmissions of crucial, time sensitive information. Email should not be used to try to replace telephone discussions, or exchanges of information which could happen during any of the following: in class; before or after class; drop in office hours; or a scheduled office visit with a pre-arranged appointment time. Assignments can be submitted electronically ONLY in order to meet a deadline (there will be an electronic record that the work was in on time), BUT a hard copy must also be provided to the instructor/ tutorial leader for the purposes of grading. QUOTATION, REFERENCING and CITATION One of the main purposes/ objectives/ goals of a written assignment is for students to demonstrate their own perspectives on the knowledge and insights gained from course materials, and to develop their own arguments and positions in relation to the course materials. Be sure to read the relevant course materials, and to make use of them – assimilate them, analyze them, and integrate arguments and points from them into your essay. Writing assignments can present fruitful and stimulating opportunities to find your own voice, to develop your own interpretations and come to your own understanding of the materials. You should endeavour to present your arguments and your ideas in your own words, and not to rely too heavily on quotation. To the extent that you will be relying upon ideas and information of others, be mindful that direct quotation or close paraphrasing without proper citation, and without giving proper credit, is plagiarism. Writers are expected to show respect for the ideas and information provided by others through proper, scholarly citation and referencing. This is the ethical and scholarly standard. It is crucial that information and ideas that you have not come up with on your own should be properly cited and referenced. You may use any style you wish to do so – whether in text citation (brackets) with reference list, or endnotes, or footnotes, and bibliography. You need to make your best efforts to document your sources, for any and all quotations or close paraphrases, especially including material taken from the internet. ACADEMIC INTEGRITY ***NOTE on Turnitin The Ryerson Student Code of Academic Conduct defines plagiarism and the sanctions for those who plagiarize. Courses at Ryerson University are able to make use of Turnitin’s integration for Blackboard Users, a process designed to help prevent and detect plagiarism. Ryerson University has subscribed to the Turnitin service which helps professors identify plagiarism and helps students maintain academic integrity. Turnitin’s products and services are designed with the aim of ensuring originality of student work, and providing efficient mechanisms for upholding the value of academic integrity. Turnitin is relied upon with the aspiration of helping to ensure that students whose work exemplifies academic integrity get proper recognition for their efforts, talents and abilities. The Turnitin. com service provides an advanced search technology that checks student papers (submitted to the system) against in-house copies of archived content, a proprietary database of previously submitted student papers, and materials found on the internet. Turnitin’s software provides an â€Å"Overall Similarity Index† and â€Å"Originality Report† which can provide the basis for further evaluation and investigations. http://www. turnitin. com/static/plagiarism. html PHL 612 will b