Course Syllabus

Welcome to PHIL 105: Introduction to Philosophy of Law and Legal Ethics

Overview

CATEGORY INFORMATION
Credits 3
Prerequisites None
Delivery Web (Canvas, https://psu.instructure.com)
Dates See the Calendar.
Instructor See the Orientation module under the Modules tab.

Description

It is an awesome thing, the law. It touches in some way every public thing we do and many private things as well; and, whether or not we are aware of it, it significantly determines how we view the world and even how we view ourselves. In substantial part, this course will address the law so--as a force in our lives, for good or ill.

Law is a function of society, which denotes a group of people united by a general, common conception of the meaning of human being and the goals of human culture, who choose to sacrifice the liberty of the jungle--where anything goes but life is "nasty, brutish and short" (Hobbes)--in order to enjoy the freedom of common physical security and commerce and of mutual fellowship and fulfillment. By our membership in society we affirm that its rights and benefits outweigh its obligations and duties. The law, in its legislation, execution and adjudication (corresponding to our three branches of government) is the name for the (constitutional) principles, (legal) rules, (executive) procedures and (judicial) decisions, which together define, implement and balance those rights and benefits, obligations and duties. The law by nature implies the concept of justice, which is the name for the way society strikes that balance.

The practice of law is divided into two general camps--civil and criminal--which differ fundamentally in theory and in the ways they impact our lives, directly and indirectly. A crime is essentially an offense against the entire community--it is an offense to the basic, "civilized" assumptions of a society. We naturally and understandably think of and commiserate with the specific victims of crimes; but it is not the victim who prosecutes the purported criminal, but the state--the government, "the people"--on behalf of all citizens. Thus, in many states--and the overwhelming majority of criminal law is prosecuted not by the federal government but by individual states--criminal cases are styled--officially named--according to the formula "The People of [state] versus [defendant]," or "The Commonwealth of Pennsylvania v. John Doe."

It is important to note that a crime victim can always bring a private, civil cause of action, or lawsuit, against the perpetrator of a criminal act, but this rarely happens, either because the money damages would be too low to make it worth the trouble, or more likely because the typical criminal has too few assets to make it possible to collect, a notable recent exception being the case of O. J. Simpson. Thus, as in that case, the estate of a murder victim could bring a lawsuit for the civil tort of "wrongful death" against the killer for money damages, or a victim of theft against the thief for "wrongful conversion," etc. ("tort" is the legal term for the actionable harm of one party by another).

As interesting and philosophically important as is the criminal law, however, in this course, so far as we consider the substance of the law--as we shall explicitly in Sections II and III, and except where we consider the adjudication of the constitutional principle of "privacy" in Section V--we shall limit our focus to civil law, which concerns disputes between private citizens and corporations; and where the government is involved in a civil matter, it is typically a defendant in a case where a citizen claims that it has failed in some duty it owes to the public. Criminal law is public, civil law is private; criminal law involves an offense to the civilized order itself, where civil law involves private harms and damages and is almost exclusively a matter of money.

The limitation of this course to civil law is in part arbitrary: we are limited in time and criminal law is so theoretically rich that we could not do justice to it in a course of this scope. But there is another more important reason for focusing on the civil law, with two parts. First, most students who choose the law as a career, in whatever capacity, will work primarily in some field of the civil law. Second, as a practical matter, and for most of us, the criminal law is not directly relevant to our lives, at least not on a constant and on-going basis. By contrast, as I have suggested, the provisions of the civil law affect us every day, whether we are employed in the law or not. In particular, civil law profoundly affects the lives of ordinary and poor people in ways they typically do not understand and never even realize.

Organization

This course is made up of 13 lessons.

For a typical lesson, you will complete the following activities and assignments:

  • Explore online course content.
  • Read a few assigned readings.
  • Complete the lesson assignment.

In addition, you will complete a midterm and final exam.

Online Learning and Attendance

This course has been developed to promote asynchronous learning. The instructor and students do NOT meet on a designated day and time each week. For each lesson, there is a time frame to complete all activities and assignments, and you may work at your own pace within that time frame. However, you must adhere to the due dates outlined on the Calendar. (Due dates can also be viewed under the Syllabus tab.) You should log into the course daily to check for updates, review lessons, and participate in activities.

Texts and Other Materials

The following materials are required and may be purchased from MBS Direct:

  • Culver, Keith, and Michael Giudice, eds. 2017. Readings in the Philosophy of Law. 3rd edition. Ont: Broadview Press. ISBN: 9781554812523 / 1554812526
  • Nader, Ralph and Wesley Smith (1996). No Contest: Corporate Lawyers and the Perversion of Justice in America. Random House. ISBN: 9780375752582

For pricing and ordering information, please see the MBS Direct website. MBS Direct can also be contacted at 1-800-325-3252.

Materials will be available at MBS Direct approximately three weeks before the course begins. It is very important that you purchase the correct materials. If your course requires one or more textbooks, you must have exactly the correct text required (edition and year).

Course Reserves

If there are electronic resources on reserve for this course that can be accessed through the Penn State Libraries. To access your Course Reserves, please go to the Library Resources link in the left-hand navigation.

For any questions you may have about searching, viewing, or printing your Course Reserves, refer to the Viewing/Printing Electronic Reserves page at https://www.libraries.psu.edu/psul/reserves/usingreserves.html.

Grading

Final letter grades will be assigned based on the scale below.

Scale

LETTER
GRADE
MINIMUM
PERCENT
A 94.5
A- 90
B+ 86.67
B 83.3
B- 80
C+ 75
C 70
D 60
F 0

Due Dates

All assignments are due by 11:59 PM Eastern Time on the date indicated on the Calendar. (Due dates can be also be viewed under the Syllabus tab.) Please be aware that Canvas follows the Eastern Time (ET) time zone. Assignment due dates adhere to this time zone, and it is your responsibility to submit assignments accordingly. If you are outside of the ET time zone, you can set your Canvas account to sync to it. Refer to the Set a Time Zone article in the Canvas Guide at https://community.canvaslms.com/docs/DOC-2891.

As a general rule, you will NOT be able to go back and make up missed assignments. It is your responsibility to keep up with your assignments. Students with an excused absence (e.g. hospitalization, jury duty, family emergency, or military service) may be asked to produce proper documentation in order to make up graded work. All make-up work is at the discretion of the instructor.

Veterans and currently serving military personnel and/or spouses with unique circumstances (e.g. upcoming deployments, drill/duty requirements, disabilities, VA appointments, etc.) are welcome and encouraged to communicate these, in advance if possible, to the instructor in the case that special arrangements need to be made.

Notes

  • To Do List: Some assignments may not appear in the To Do list under the Home tab. Use the Calendar or Syllabus to ensure that you are fully aware of assignment due dates.
  • Late Assignments: Late assignments will not be accepted.

Assignments

Basic information about each assignment group is provided below. For detailed directions about an individual assignment, see the assignment information under the Modules tab.

You can expect meaningful feedback on assignments within 1 week of their due date.

ASSIGNMENT
GROUP
PERCENT
Written Assignments 50%
Mid Term Exam 20%
Final Exam 30%
Total 100%

Written Assignments

Value: 12 x 4.17%50 PTS, 300 PTS total

At the end of each lesson there will be a written assignment, consisting typically of a short essay. In completing each assignment, I expect you to think through, for yourself, the issues we will be dealing with throughout the course. What I expect will be your summary and analysis of the readings and your thoughtful and informed opinion evidencing your understanding.

In lieu of completing a lesson's written assignment, you may choose to participate in a group discussion regarding the week's reading. Please note that you may only elect to substitute discussion board participation for a written assignment seven times over the course of the semester.

The basis of evaluation in this course will be my judgment of your personal comprehension and understanding of the readings and your ability to articulate it clearly, organized, coherently and convincingly.

Mid Term Exam

Value: 1 x 20% of Grade

There will be an online midterm exam

Final Exam

Value: 1 x 30% of Grade

There will be an online final exam

 

Please refer to the University Grading Policy for Undergraduate Courses for additional information about University grading policies.

If, for reasons beyond the student's control, a student is prevented from completing a course within the prescribed time, the grade in that course may be deferred with the concurrence of the instructor. The symbol DF appears on the student's transcript until the course has been completed. Non-emergency permission for filing a deferred grade must be requested by the student before the beginning of the final examination period. In an emergency situation, an instructor can approve a deferred grade after the final exam period has started. Under emergency conditions during which the instructor is unavailable, authorization is required from one of the following: the dean of the college in which the candidate is enrolled; the executive director of the Division of Undergraduate Studies if the student is enrolled in that division or is a provisional student; or the campus chancellor of the student's associated Penn State campus.

Course Support

For additional information please refer to the Deferring a Grade page.If you need technical assistance at any point during the course, please contact the HelpDesk.

For registration, advising, disability services, help with materials, exams, general problem solving, visit World Campus Student Services!

University Policies

Academic Integrity

According to Penn State policy G-9: Academic Integrity, an academic integrity violation is “an intentional, unintentional, or attempted violation of course or assessment policies to gain an academic advantage or to advantage or disadvantage another student academically.” Unless your instructor tells you otherwise, you must complete all course work entirely on your own, using only sources that have been permitted by your instructor, and you may not assist other students with papers, quizzes, exams, or other assessments. If your instructor allows you to use ideas, images, or word phrases created by another person (e.g., from Course Hero or Chegg) or by generative technology, such as ChatGPT, you must identify their source. You may not submit false or fabricated information, use the same academic work for credit in multiple courses, or share instructional content. Students with questions about academic integrity should ask their instructor before submitting work.   

Students facing allegations of academic misconduct may not drop/withdraw from the affected course unless they are cleared of wrongdoing (see G-9: Academic Integrity). Attempted drops will be prevented or reversed, and students will be expected to complete course work and meet course deadlines. Students who are found responsible for academic integrity violations face academic sanctions, which can be severe, and put themselves at jeopardy for other outcomes (see G-9: Academic Integrity).

Unless your instructor tells you otherwise:

  • Always include an in-text citation that includes the author(s) last name(s) and the year the source was published at the end of any sentence or below any image that includes words, images, or ideas you found in a source, always included quoted text within quotation marks, and always include a reference for any source at the end of your paper (ask your instructor about the format you should use).
  • All of your graded coursework must be created by you without help from anyone in the course or otherwise. If you have questions about this, you should ask your instructor before submitting work for evaluation.
  • All course materials you receive or access are protected by copyright laws. You may use course materials and make copies for your own use, but unauthorized distribution and/or uploading of materials without the instructor’s express permission is strictly prohibited. Students who engage in the unauthorized distribution of copyrighted materials may be held in violation of the University’s Code of Conduct and/or liable under Federal and State laws.

Disability Access

Penn State welcomes students with disabilities into the University's educational programs. Every Penn State campus has an office for students with disabilities. The Student Disability Resources website provides contact information for every Penn State campus at http://equity.psu.edu/student-disability-resources/disability-coordinator. For further information, please visit the Student Disability Resources website at http://equity.psu.edu/student-disability-resources.

In order to receive consideration for reasonable accommodations, you must contact the appropriate disability services office at the campus where you are officially enrolled, participate in an intake interview, and provide documentation described at http://equity.psu.edu/student-disability-resources/applying-for-services. If the documentation supports your request for reasonable accommodations, your campus’s disability services office will provide you with an accommodation letter. Please share this letter with your instructors and discuss the accommodations with them as early in your courses as possible. You must follow this process for every semester that you request accommodations.

Counseling and Psychological Services

Penn State's Counseling and Psychological Services (CAPS) office offers residential and distance-based Penn State students non-emergency mental health services in the form of case management, community resource referrals, supportive listening, care giver support, and much more.

Students may request assistance from CAPS regarding a variety of common mental health issues, including anxiety, depression, relationship difficulties, and stress. CAPS services are designed to enhance students' ability to fully benefit from the University environment and academic experience. Call CAPS at 814-863-0395 (8 am-5 pm, Monday-Friday EST) or submit an inquiry online at https://studentaffairs.psu.edu/form/caps-contact-form to schedule an appointment with a mental health advocate, who can help you address mental health concerns that may interfere with your academic progress or social development. This appointment will include a one-on-one session that can be conducted via telephone, teleconference (Skype, FaceTime, etc.), or locally at Penn State University Park. For more information on services provided through CAPS, please visit the Penn State CAPS website at http://studentaffairs.psu.edu/counseling/. Students enrolled at the World Campus are also encouraged to visit its Mental Health Services page at http://student.worldcampus.psu.edu/student-services/mental-health-services.

Reminder: These services are for non-emergencies only. If you or someone you know is experiencing a crisis situation, please call your local crisis center or 911.

Nondiscrimination

Penn State is committed to equal access to programs, facilities, admission and employment for all persons. It is the policy of the University to maintain an environment free of harassment and free of discrimination against any person because of age, race, color, ancestry, national origin, religion, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, sexual orientation, marital or family status, pregnancy, pregnancy-related conditions, physical or mental disability, gender, perceived gender, gender identity, genetic information or political ideas. Discriminatory conduct and harassment, as well as sexual misconduct and relationship violence, violates the dignity of individuals, impedes the realization of the University's educational mission, and will not be tolerated. For further information, please visit the Affirmative Action Office website at https://affirmativeaction.psu.edu/.

Reporting a Bias Incident

Penn State takes great pride to foster a diverse and inclusive environment for students, faculty, and staff. Acts of intolerance, discrimination, or harassment due to age, ancestry, color, disability, gender, gender identity, national origin, race, religious belief, sexual orientation, or veteran status are not tolerated and can be reported through Educational Equity via the Report Bias webpage at http://equity.psu.edu/reportbias/.

TEACH Act

The materials on the course website are only for the use of students enrolled in this course for purposes associated with this course and may not be retained or further disseminated.


University Emergency Procedure

In the event of a University-wide emergency, the course may be subject to changes. Exigent circumstances may require alternative delivery methods, class materials, and interactions with the instructor and/or classmates. In addition, there may be revisions to grading policies and the Calendar, including assignments and their due dates.

In the event of a University-wide emergency, please refer to the Canvas website at https://psu.instructure.com for specific information related to the course. For more general information about the emergency situation, please refer to the Penn State website at https://www.psu.edu or Penn State News website at https://news.psu.edu.

To register with PSUAlert, a service designed to alert the Penn State community when situations arise that affect the ability of a campus to function normally, please go to the PSU Alert website at https://psualert.psu.edu/. Subscribers can receive alerts by text message to cell phones, and also can elect to have alerts sent to an email address.


Syllabus Subject to Change

The class will likely adhere to the information outlined in this Syllabus and the Calendar, but adjustments may be made based on what actually transpires during the semester. Remaining in the course after reading this Syllabus will signal that you accept the possibility of changes and responsibility for being aware of them.

Course Summary:

Date Details Due