Studies in Law and the Judicial System-2
Political Science 377-24
Roosevelt University, Robin Campus, Arlington Heights
Spring Semester, 1989 Mondays 6:30-9:00 p.m., Room 107
Paul Bullen

This course is a broad survey of all aspects of and issues in law and judging. Part one deals with law in general, approached from various angles: historical, comparative, sociological, doctrinal, institutional, and philosophical. Part two deals that special kind of legal matter, the written constitution. We will investigate what difference there is, if any, between the US Constitution and “constitutional law” (the opinions of the Supreme Court) and assess judicial review (the power of the Court to invalidate legislative and executive acts on the grounds of unconstitutionality) in light of the norm of popular sovereignty and in the light of our understanding of law and judging gained in part one of the course.

Required

  • David Currie, The Constitution of the United States of America: A Primer for the People (Chicago: University of Chicago Press, 1988).
  • H. L. A. Hart, The Concept of Law (Oxford: Clarendon Press, 1961).
  • Leonard W. Levy, Original Intent and the Framers' Constitution (New York: Macmillan, 1988).
  • Martin Shapiro, Courts: A Comparative and Political Analysis (Chicago: University of Chicago Press, 1981).
  • Peter Stein, Legal Institutions: The Development of Dispute Settlement (London: Butterworths, 1984).

Recommended

  • Steven H. Gifis, Law Dictionary. Barron's Educational Series, 1984.
  • Kate, L. Turabian, A Manual for Writers of Term Papers, Theses, and Dissertations. 5th ed. Chicago: University of Chicago Press, 1987.

Grades

Grades will based on the following four considerations: 1) an 8-12 page paper based on the Stein, Shapiro, and Hart books, due by March 13 (30%), 2) an 8-12 page paper based primarily on the Currie and Levy books, due by May 1 (50%), 3) a test on terminology, to be held in class on March 6 (10%), 4) attendance and participation (10%).

Be sure to make a copy of each paper before handing it in. With the final paper please include a self-addressed, stamped, large envelope so I can return your graded papers directly.

Office hours: After class or by appointment in room 205.

I. LAW IN GENERAL
1. January 16, 1989: Introduction

2. Jan. 23: Prototype of the court
Shapiro, pp. v-64 (prefatory material and chapter 1)

3. Jan. 30: Comparative judicial systems: Common, Civil, Chinese, and Islamic Laws
Shapiro, pp. 65-222 (chaps. 2-5)

4. February 6: Institutions of dispute settlement and law finding
Stein, pp. v-103 (prefatory material and Part I)

5. Feb. 13: Institutions of substantive law
Stein, pp. 107-221 (Part II and Epilogue)

6. Feb. 20: John Austin
Hart, pp. v-76 (prefatory material and chaps. 1-4)

7. Feb. 27: Primary and secondary rules
Hart, pp. 77-150 (chaps. 5-7)

8. March 6: Law and morality, international law, TEST
Hart, pp. 151-231 (chaps. 8-10)

9. Mar. 13: FIRST PAPER DUE (no class SPRING VACATION)

II. CONSTITUTION AS LAW
10. Mar. 20: Constitution and constitutional law
Currie: whole book, beginning with appendix (US Constitution)

11. Mar. 27: Judicial review
Levy, pp. vii-123 (chaps. 1-6)

12. April 3: Contract clause, bill of rights, and first amendment
Levy, pp. 124-220 (chaps. 7-10)

13. Apr. 10: Fourth, fifth, and ninth amendments
Levy, pp. 221-283 (chaps. 11-13)

14. Apr. 17: Jurisprudence of original intent
Levy, pp. 284-398 (chaps. 14-17)

15. Apr. 24: Bills of rights from around the world

May 1: FINAL PAPER DUE

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