56 PHIL 284A — Philosophy of Law
Spring 2026 | Tue/Thu 11:30 AM–12:45 PM
57 Course Information
| Instructor | Dr. Montaque Reynolds |
| mreynolds1@stetson.edu | |
| Office | Elizabeth Hall 104 |
| Office Hours | Wednesdays 1:00–3:00 PM; drop in anytime |
| Meeting Times | Tuesdays and Thursdays, 11:30 AM–12:45 PM |
| Room | TBD |
| Credits | 3 |
| Dates | January 13 – April 28, 2026 |
58 Course Description
In general, philosophy requires one to apply principles of reasoning to different philosophical issues. One goal of this course is to help you improve your critical reasoning skills — skills useful not only in philosophy and law classes, but in any context requiring careful argument.
A second goal is to teach you some of the fundamental philosophical ideas behind much of what we call law. We will examine theories attempting to answer questions such as:
- What is a law?
- What makes a law valid or binding?
- Does one always have a moral obligation to obey the law?
- What gives society the right to punish people whose actions are harmful only to themselves (paternalism)?
- Does society have the right to harm those who break the law (criminal punishment)?
- Should attempted crimes be punished less severely than completed crimes?
We will not spend much time discussing specific public policy issues. We will not discuss what the law is — instead, we will discuss what the law ought to be.
Class participation is essential. I do not intend to lecture. Rather, I expect a constructive interaction between the class and me to foster an enlightening discussion.
59 Required Text
Culver, Keith C., ed. Readings in the Philosophy of Law, 3rd ed. Broadview Press, 2008.
Additional readings distributed via Canvas.
60 Grading
60.1 Assignment Breakdown
| Assignment | Points |
|---|---|
| Quizzes (17 of 19, 6 pts each) | 100 pts |
| Paper | 100 pts |
| Examination 1 | 100 pts |
| Final Examination | 100 pts |
| Total | 400 pts |
60.2 Grading Scale
| Grade | Points |
|---|---|
| A | 360 and above |
| B | 320–359 |
| C | 280–319 |
| D | 240–279 |
| F | 239 and below |
60.3 Quizzes
At the beginning of most class sessions I will present a quiz based on the assigned readings and/or the previous class discussion. Each quiz is worth 6 points (maximum). I will give 19 quizzes total and drop the 2 lowest scores, leaving 17 quizzes at 6 points each for a maximum of 102 points. Points above 100 count as extra credit.
Quizzes are given at the start of class. I will not repeat the question after the first student has turned in their quiz. Late arrivals and absent students receive a zero. Partial credit is given — putting your name on the card is worth 2 points.
Bring a 3×5 index card to every class session.
I may occasionally assign short reaction papers (1–2 pages) worth 6 points each in place of quizzes.
60.4 Paper
You are required to write one paper: typewritten, double-spaced, 8–10 pages. Approximately four to six weeks before the due date I will upload several essays to Canvas. You must choose ONE to respond to. Papers on other topics require my prior approval.
Papers are not opinion papers. What is worthwhile is a reasoned defense of your opinion. Your paper should consist of two parts:
Part 1 (4–5 pages): Explication of the chosen essay. Include: the author’s position, your own position (agree or disagree), and the author’s supporting arguments.
Part 2 (4–5 pages): Your evaluation or critique. Explain WHY you agree or disagree. If you agree, identify the convincing arguments and address potential objections. If you disagree, provide criticism and explain how the author might respond. In either case, defend why your position is the best one.
You must NOT use outside sources.
Late policy: 5 points deducted per 24-hour period late.
Paper due: Thursday, April 23 (end of class)
60.5 Examinations
Examinations cover lectures, discussions, and assigned readings. You are responsible for all assigned readings regardless of whether they were covered in class. The final examination covers the whole term but concentrates on material after the midterm.
Make-up examinations are generally not given. Exceptions considered for: documented illness (with prior notice and doctor’s note), major family tragedy, conflicting university obligation (with documentation), or other justifiable cause.
61 Academic Policies
61.1 Academic Integrity
All work must be your own. Sign all submissions: “Pledged, [your name].” Any evidence of academic dishonesty will be dealt with by a severe penalty including a grade of F and/or suspension or expulsion. Honor code: http://www.stetson.edu/honorsystem/
61.2 Accommodations
If you have a qualified disability and need special accommodations, notify me and register with the Academic Success Center (386-822-7127; www.stetson.edu/asc) as early as possible.
61.3 Counseling Center
Phone: 386-822-8900 | Griffith Hall | Weekdays 8 AM–4:30 PM After-hours: Public Safety 386-822-7300 (ask for on-call counselor).
62 Course Schedule
62.1 Important Dates
| Date | Event |
|---|---|
| Tue Jan 13 | First day of class |
| Mon Jan 19 | MLK Day — no impact on Tue/Thu |
| Mar 2–6 | Spring Break — No Classes |
| Fri Apr 3 | Good Friday — no impact on Tue/Thu |
| Tue Apr 13 | Stetson Showcase — No Class |
| Thu Apr 23 | Paper Due (end of class) |
| Tue Apr 28 | Last day of class |
| TBD | Final Examination |
62.2 Reading Schedule
Subject to modification. It is your responsibility to keep up with any changes announced in class or posted to Canvas.
63 Part 1: The Nature of Law
What is law? What makes a law valid or binding? We examine the major jurisprudential traditions — natural law, legal positivism, legal realism, and critical legal studies — asking what each implies about the relationship between law and morality.
63.1 Week 1 — Introduction
Tue Jan 13 / Thu Jan 15
Tue Jan 13: Introduction to Philosophy of Law. Organization of class. What is jurisprudence and why does it matter?
Thu Jan 15:
- Fuller, “The Case of the Spelunkean Explorers” (Canvas)
Based on Fuller, “The Case of the Spelunkean Explorers.” Bring your 3×5 index card.
63.2 Week 2 — Natural Law
Tue Jan 20 / Thu Jan 22
Tue Jan 20:
- Kretzmann, “Lex Iniusta Non Est Lex: Laws on Trial” (Canvas)
Thu Jan 22:
- Bentham, “The Principles of Morals and Legislation” (Canvas)
Based on Kretzmann, “Lex Iniusta Non Est Lex.”
63.3 Week 3 — Utilitarianism and Legal Positivism
Tue Jan 27 / Thu Jan 29
Tue Jan 27:
- Bentham (continued)
Thu Jan 29:
- Hart, “Law as the Union of Primary and Secondary Rules” (Readings, p. 53)
Based on Hart, “Law as the Union of Primary and Secondary Rules.”
63.4 Week 4 — Hart and Dworkin
Tue Feb 3 / Thu Feb 5
Tue Feb 3:
- Hart (continued)
Thu Feb 5:
- Dworkin, “The Model of Rules” (Readings, p. 148)
Based on Dworkin, “The Model of Rules.”
63.5 Week 5 — Dworkin on Integrity
Tue Feb 10 / Thu Feb 12
Tue Feb 10:
- Dworkin, “Integrity in Law” (Readings, p. 169)
Thu Feb 12:
- Holmes, “The Path of the Law” (Readings, p. 197)
- Frank, “Legal Realism” (Readings, p. 205)
Based on Dworkin, “Integrity in Law.”
63.6 Week 6 — Legal Realism and Critical Legal Studies
Tue Feb 17 / Thu Feb 19
Tue Feb 17:
- Critical Legal Studies (Canvas)
Thu Feb 19:
- Plato, Crito (Canvas)
Based on Critical Legal Studies handout.
63.7 Week 7 — Obligation to Obey the Law
Tue Feb 24 / Thu Feb 26
Tue Feb 24:
- Plato, Crito (continued)
Thu Feb 26: Wrap-up Part 1. Review for Examination 1.
63.8 (Spring Break — No Classes Mar 2–6)
63.9 Week 8 — Examination 1
Tue Mar 10 / Thu Mar 12
Tue Mar 10: Examination 1 Covers all material from Weeks 1–7.
Thu Mar 12:
- Hart, “Postscript: Responsibility and Retribution” (Readings, p. 317)
64 Part 2: Criminal Law and Punishment
What justifies criminal punishment? What is the relationship between character and criminal responsibility? We examine theories of punishment, excuse and justification, and the limits of paternalism.
64.1 Week 9 — Criminal Responsibility
Tue Mar 17 / Thu Mar 19
Tue Mar 17:
- Duff, “Choice, Character, and Action” (Readings, p. 328)
Thu Mar 19:
- Parker, “Blame, Punishment and the Role of Result” (Canvas)
Based on Duff, “Choice, Character, and Action.”
64.2 Week 10 — Self-Defense
Tue Mar 24 / Thu Mar 26
Tue Mar 24:
- Self-Defense (Canvas)
Thu Mar 26:
- Self-Defense (continued)
Based on Self-Defense handout.
64.3 Week 11 — Excuse, Justification, and Liberty
Tue Mar 31 / Thu Apr 2
Tue Mar 31:
- Excuse, Justification, Subjective/Objective Liability (Canvas)
Thu Apr 2:
- Mill, “On Liberty” (Readings, p. 258)
Based on Excuse and Justification handout.
64.4 Week 12 — Paternalism and Morality
Tue Apr 7 / Thu Apr 9
Tue Apr 7:
- Dworkin, “Paternalism” (Readings, p. 271)
- Griswold v. Connecticut (summary — Canvas)
Thu Apr 9:
- Devlin, “Morals and the Criminal Law” (Readings, p. 283)
Based on Dworkin, “Paternalism.”
64.5 (Stetson Showcase — No Class Tue Apr 13)
64.6 Week 13 — Terrorism and Torture
Thu Apr 14 only
Thu Apr 14:
- “The Moral Significance of Terrorism” (Canvas)
- Dershowitz, “Should the Ticking Bomb Terrorist be Tortured” (Readings)
Based on terrorism readings.
64.7 Week 14 — Constitutional Interpretation
Tue Apr 21 / Thu Apr 23
Tue Apr 21:
- Bork, “The Original Understanding” (Canvas)
Thu Apr 23: Bork (continued)
Submit on Canvas. Hard copy also accepted in class.
Based on Bork, “The Original Understanding.”
64.8 Week 15 — Wrap-Up
Tue Apr 28 only (Last day of class)
Tue Apr 28: Wrap-up and review for Final Examination.
64.9 Reading List Summary
| Week | Reading | Source |
|---|---|---|
| 1 | Fuller, “Spelunkean Explorers” | Canvas |
| 2 | Kretzmann, “Lex Iniusta Non Est Lex” | Canvas |
| 2–3 | Bentham, “Principles of Morals and Legislation” | Canvas |
| 3–4 | Hart, “Primary and Secondary Rules” | Readings p. 53 |
| 4 | Dworkin, “The Model of Rules” | Readings p. 148 |
| 5 | Dworkin, “Integrity in Law” | Readings p. 169 |
| 5 | Holmes, “The Path of the Law” | Readings p. 197 |
| 5 | Frank, “Legal Realism” | Readings p. 205 |
| 6 | Critical Legal Studies | Canvas |
| 6–7 | Plato, Crito | Canvas |
| 8 | Hart, “Responsibility and Retribution” | Readings p. 317 |
| 9 | Duff, “Choice, Character, and Action” | Readings p. 328 |
| 9 | Parker, “Blame, Punishment and Result” | Canvas |
| 10 | Self-Defense | Canvas |
| 11 | Excuse, Justification, Objective Liability | Canvas |
| 11 | Mill, “On Liberty” | Readings p. 258 |
| 12 | Dworkin, “Paternalism” | Readings p. 271 |
| 12 | Devlin, “Morals and the Criminal Law” | Readings p. 283 |
| 13 | “Moral Significance of Terrorism” | Canvas |
| 13 | Dershowitz, “Ticking Bomb Terrorist” | Readings |
| 14 | Bork, “The Original Understanding” | Canvas |