Smith College Barry Smith
Phi. 304: Colloquium in Applied Ethics Spring, 2000
SYLLABUS
Topic: Philosophical Problems in the Criminal Law
Required Texts: S. Kadish, et. al, Criminal Law and its Processes, 6th ed. (hereinafter "text"); and J. Feinberg & J. Coleman, Philosophy of Law, 6th ed. (hereinafter "PL").
Assignments for Grade: One one-page précis of an assigned passage; one short paper (600-800 words) on an assigned topic, and either: 1) a long paper of some 2500-3000 ! words upon a relevant topic chosen by you and approved by me; or 2) two shorter papers (1200-1500 words) whose topics are similarly selected. In addition, you will make a short oral presentation which sets out the conversational agenda of some class hour. (I will have much more to say about this at the first class meeting.)
Basis for Grade: Papers written on self-selected topics will count the most--perhaps around 70%. The remaining 30% will be gauged by how well you write the précis and the short paper, by the skill you display in your class presentation and by how much you contribute generally to class discussion. (Frequent absences will preclude any gain from the latter factor--and will be felt as a grievous slight by faithful attendees and by the instructor. So, don’t sign up if you don’t intend to attend!)
Instructor’s Office Hours: Tuesdays, from 4-5 PM, at Dewey House 5 (on the second floor next to the head of the stairs). ! I am often to be found at my law office just off campus at 72 Center St., 3rd floor (next to State St. Fruit Store), where I encourage you to meet me. It’s best to call first: 586-0679.
Class topics and Assignments:
Jan. 24: Introduction to criminal procedure: the structure of courts and of trials, the elements of proof, the grounds for appeal.
Post-class reading: text, pp. 1-22 (this is essential background reading); and 23-101 (sometime in the semester read as much of this as you can).
Jan. 26: Defining Punishment
Reading: "Punishment," PL 683-87; J. Feinberg, "The Expressive Function of Punishment," PL, 688-98; T. Massaro, "Shame, Culture and American Criminal Law," PL., 699-726 (skim).
Jan. 31: Legal Research, taught by Bruce Sajdack, in Neilsen Library. Assemble at reference desk at regular class time.
No assignment
Feb. 3: Justifying punishment: Utilitarianism.
Reading: text, pp. 101-36; J. Feinberg, "The Classic Debate," PL, 727-31; C.L. Ten, "Fantastic Counterexamples and the Utilitarian Theory," PL, 732-45 (skim).
Feb 7: Justifying punishment: Retributivism
Reading: J. L. Mackie, "Retributivism: A Test Case For Objectivity," PL, 780-87.
Due date: One page précis.
Feb 9: Retributivism (con.)
Reading: J.G. Murphy, "Getting Even: The Role of the Victim," PL, 788-98; ; M. Moore, "The Moral Worth of Retribution," PL, 746-68 (skim); Payne v. Tennessee, PL, 799-816 (skim).
Feb. 14: Capital Punishment: the legal issues
Reading: text, 509-45.
Feb. 16: Capital Punishment: the moral issues
Reading: E. van den Haag, "I! n Defense of the Death Penalty: A Practical and Moral Analysis," PL, 836-41; Stephen Nathenson, "Should We Execute Those Who Deserve to Die?," PL, 842-50.
.
Feb. 21: Elements of crimes: Acts and Omissions
Reading: text, 171-203; T. Macaulay, "Notes on the Indian Penal Code," PL, 623-25; E. Weinrib, "The Case for a Duty to Rescue," PL 625-45.
Due date: Paper on assigned topic.
Feb.. 23: Rally Day -- no class
Feb. 28: Elements of crimes: Mens rea: culpable mental states and the significance of
ignorance.
Reading: text, 204-225; Aristotle, Nichomachean Ethics, Bk. 3, ch. 1&2. (One copy of the latter is on reserve at the reference desk in Neilsen library. But any competent translation will do, and there are many.)
March 1: Elements of Crimes: When Mens Rea doesn’t matter--of Strict Liability
