Dr. Michael Giudice

E-mail: giudice@yorku.ca

This is an introductory course which does not require any prior knowledge of law or philosophy.  We will begin with an account of factual features of law, legal systems, and legal reasoning, which will help us identify and discuss issues which benefit from philosophical inquiry.  The main goal of the course is to develop the analytical skills needed to reason critically about thorny philosophical issues about the nature of law and its relation to politics, morality, and other features of social life.  It is important to note that this inquiry into law does not begin with the assumption that there are easily found answers to these issues: they may resist our best attempts to resolve them.  We can, however, come to an understanding of why some issues are particularly difficult to resolve, and we will be able to suggest a variety of promising ways of facing disputes arising from such issues.

The course topics are divided into four main parts.  First, we will critically examine several general theories which attempt to answer the question ‘what is law?’, with particular attention to the similarities and differences between law and morality.  Second, we will investigate theories of legal reasoning, with close attention to the aims of judicial decisions and surrounding myths about courts.  We will also explore ways in which conventional methods of legal reasoning are challenged by feminist perspectives.  Third, we will look at the relation between law and individual liberty.  Here we will ask under what conditions, if any, is the law justified in restricting individual freedom?  Fourth, we will consider the nature of responsibility and criminal responsibility in particular, exploring in detail what it means to be criminally responsible for one’s actions, choices, and character.  In each part of the course we will consider important cases, in Canadian law and elsewhere, which illustrate philosophical questions as they arise in practice.

Technical requirements for taking the course: internet access, and software necessary to view Microsoft Office files (MS Word and MS Powerpoint) or Adobe Reader (for pdf files).  Video-conferencing technology (such as a webcam and microphone) are not necessary, as there are no classes, tutorials, tests, or exams that will be delivered remotely through video-conferencing.  However, I will always be available for one-on-one meetings which can be done in video or audio only, via Skype, Zoom, or simply by phone.   A webcam and microphone may be useful for such meetings.

Here are some useful links regarding computing information, resources and help:

Student Guide to Moodle

Zoom@YorkU Best Practices 

Zoom@YorkU User Reference Guide

Computing for Students Website

Student Guide to eLearning at York University

[To determine Internet connection and speed, there are online tests, such as Speedtest, that can be run.]

1. J. Bickenbach, K. Culver, and M. Giudice, eds, Canadian Cases in the Philosophy of Law, 5^th edn (Broadview Press, 2018)
2. K. Culver and M. Giudice, eds, Readings in the Philosophy of Law, 3^rd edn (Broadview Press, 2017)

Further materials, as well as a detailed schedule of when weekly course materials will be posted (along with their associated required readings), are available on the Moodle website associated with this course.

Each of the four parts of the course will culminate with a final essay of 1,500 words, submitted through Turnitin on the Moodle website, due at the dates provided below.  The topic of each essay, together with instructions, will always be provided at least four weeks in advance of the due date.

Essay 1:                                 25%                November 2, 2020

Essay 2:                                 25%                December 21, 2020

Essay 3:                                 25%                February 22, 2021

Essay 4:                                 25%                April 12, 2021

This course has no scheduled meeting times, so allows you to access and learn course materials at your own pace.  For each part of the course, key concepts, theories, and arguments will be provided in powerpoint slides and posted on the Moodle website each week by midnight on Sunday.  Associated readings for each week are listed in the ‘Reading Schedule’, which is also posted on the Moodle website.  Discussion of course material will take place in two ways: through individual meetings or e-mails with the course instructor and teaching assistants, and on discussion forums set up on the Moodle website, which again, you may participate in at your own convenience.  (Each student will be assigned to a teaching assistant, who will be responsible for grading assignments and will be your first point of contact for the course.)

*Please note: participation in discussion is encouraged but not mandatory.  You can choose to engage with the course material through discussion in the above ways as much or as little as you find valuable or helpful.

All assignments, with instructions, will also be posted on the Moodle website.

The purpose of this course is to assist students in understanding and identifying central features of life under law which merit philosophical analysis and demand justification.  In addition to this course-specific goal, you will also improve your ability to read, criticize, present, and defend arguments in a rigorous and compelling manner.

Times and locations: There are no fixed days or times when students will be required to meet.  The course is fully online, where course materials will be available at the beginning of each week and available for viewing at your convenience.  Please note that this is a course that depends on remote teaching and learning. There will be no in-person interactions or activities on campus.

Virtual office hours: by appointment only.  I will be available to meet, either in video or audio alone, via Skype or Zoom, or by phone.  To arrange a meeting, please e-mail me at giudice@yorku.ca