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PHILO 252, sec 001 [2003]/Prof. Ross/TTh 4:10-5:25

Law and Morality

This course is largely, but not entirely, about Constitutional case law. We look at how the Court has balanced various considerations in certain particular domains: the free exercise of religious belief, state neutrality where religion is concerned, free speech, symbolic or “lesser” speech, racial equality, affirmative action, and abortion. In some cases, we will also look at philosophical treatments of these subjects at the same time as looking at the case law. In the case of the abortion issue, the philosophical essays are perhaps more important than the case law. And sometimes we will look at some issues in their own right, apart from any case law: the denial, for example, in J.S. Mill’s On Liberty of any justification for paternalistic law. However, that said, central to the pleasure, and challenge, of this course is getting to know, and getting comfortable with, Supreme Court decisions and the distinctive worries that inform Constitutional argument. These cases are available on line, or, in scanned attachments that I will send to you via email. The philosophical essays you will read are all available either on line or through the Hunter library/ J-STOR. The only book you need to buy is J.S. Mill’s On Liberty, a true classic that no one who considers himself interested in political theory would be without. You can use any edition of this work you find; I do not care. However, one further thing to know in advance: this course is a computer free course. I do not allow electronic devices of any kind to be on during class time. This rule is firm. As you will see, you will not need your laptop to take notes, as I will cheerfully provide you with all the notes you need. (Ask anyone who has taken my course if you doubt that this is so.)