Instructor: Gary Zabel, Ph.D
Philosophy Department Phone: (617) 287-6530
E-mail Address:
gary.zabel@umb.edu
Website:
www.faculty.umb.edu/gary_zabel
Office Hours: Wed2:45-3:45/Th 2:45-3:45
Wheatley, 5th Floor, 035
In this class, we will examine three moral frameworks for understanding the law and the role it plays in both national and global society: 1) Natural Law Theory, with its associated doctrine of just and unjust wars; 2) Social Contract Theory, including its expression in American constitutional law, with its emphasis on individual rights and the restraint of state power; and 3) Radical Democratic Theory in relation to the problem of public authority and religious fundamentalism. We will consider such general moral-philosophical topics as the nature of justice, the concept of rights, the significance of the rule of law, and the relationship between law and political power. We will also apply the concepts and principles we develop in the class to such concrete public issues as the War in Iraq, the Patriot Act, and the conflict between fundamentalist religion and science in the public schools.
Requirements:
1)
3 five-to-eight page papers
2) Regular class attendance and participation, including
a panel presentation
Grading: The papers are averaged together and constitute three-quarters of your final grade; attendance and participation constitute another quarter of the final grade.
Readings: All readings are online and can be accessed through the links below. You will need Adobe Reader in order to read the PDF files. If you don't already have it, you can get it free at: http://www.adobe.com/products/acrobat/readstep2.html
"Justice" by Fra Angelico
Introduction
Week of Sept 4
Socrates Taking the Hemlock
1. The Natural Law Tradition
"Justice," Ceiling of the Stanza della Segnatura
Week of Sept 11
A. Ancient and Medieval Sources
World of Plato, Socrates, and Aristotle
The Trial of Socrates (including Plato's Apology)
Excerpt from Plato, Republic, Book 4
Week of Sept 18
Aristotle, Nicomachaen Ethics, Book1
Natural Law - Catholic Encyclopedia
B. Catholic Just War Theory
Thomas Aquinas
Week of Sept 25
Saddam's capture may bring peace, doesn't excuse war, cardinal says
Behind the Pope's Stringent Just-War Teaching
Catholic Theologian Argues for War
How Catholic conservatives got it wrong
Thomas More
C. Secular Frameworks
Week of Oct 2
Principles of the Nuremberg Trial
U.S. Army Field Manual provisions relating to the law of war
Michael Walzer Just and Unjust Wars
An Account of the My Lai Courts-Martial
Lt. William Calley Court-martial:testimony
D. War in Iraq
Week of Oct 9
I. Jus Ad Bellum
Are We Sure We Can Get Away With It This Time?
Would War be Lawful Without Another U.N. Resolution?
Walzer: So, is this a just war?
Zinn: A Just Cause, Not a Just War (on Afghanistan)
Week of Oct 9 (cont)
II. Jus in Bello
Justice in Combat
Michael Byers : The Laws of War, US-Style
Haditha killings - Wikipedia, the free encyclopedia
BBC NEWS Middle East Haditha Massacre and cover-up
In Haditha, Memories of a Massacre
Haditha Massacre Iraq’s Mai Lai
JURIST - Forum Haditha and My Lai Lessons from the Law of War
Week of Oct 16
Torture
Walzer: The Abuse of Prisoners in Iraq
Week of Oct 16 (cont)
Rights of Prisoners Taken in War
The Legal Status of Iraqi and Foreign Combatants Captured by Coalition Armed Forces
DoD News: Briefing on Geneva Convention, EPW's and War Crimes
US doesn't have the right to decide who is or isn't a PoW
Week of Oct 16 (cont)
International Criminal Court
International Criminal Court Comes to Life
The Better Approach to War Crimes Trials
Court case against General Franks in Brussels
US, Allies Could Be Prosecuted for Iraq War
Kissinger: Risking Judicial Tryanny
Palace of Justice, Brussels
2. Rights, Security, and the Problem of State Power
Week of Oct 23
(First Paper Due)
A. Social Contract Theory
World of Hobbes, Locke, and the American Founders
Locke - Second Treatise On Civil Government
Week of Oct 30
B. The American Constitutional Tradition
Constitution Of The United States
Former US
Attorney General Ashcroft had Curtains
Placed in front of this statue of justice to hide its exposed breast
C. The Patriot Act
Week of Nov 6
I. Before the Patriot Act
The FBI's Vendetta Against Martin Luther King, Jr
Congressional Oversight and the Crippling of the CIA
II. What is the Patriot Act?
Week of Nov 13
Week of Nov 13 (cont)
III. The Bush Administration's Case for the Patriot Act
President Bush Speaks About the Patriot Act
Attorney General Ashcroft Speaks About the Patriot Act
Attorney General Ashcroft Testifies Before Congress About the Patriot Act
Dispelling Some of the Major Myths about the USA PATRIOT Act
Week of Nov 13 (cont)
IV. The Case Against the Patriot Act
Conservative Voices Against the USA PATRIOT Act
Surveillance Under the USA PATRIOT Act
How the USA PATRIOT Act redefines Domestic Terrorism
Libraries post Patriot Act warnings
RESOLUTION ON THE USA PATRIOT ACT AND RELATED MEASURES THAT INFRINGE ON THE RIGHTS OF LIBRARY USERS
Dissent in America After 9-11.pdf
Week of Nov 13 (cont)
IV. The Controversy Over Warantless Wiretapping
NSA warrantless surveillance controversy - Wikipedia
Bush Lets U_S_ Spy on Callers Without Courts
Specialists doubt legality of wiretaps - The Boston Globe
Prepared Statement of Hon_ Alberto R_ Gonzales, Attorney General of the United States (02-06-06)
Surveillance Net Yields Few Suspects
3. Democracy and Religious Fundamentalism
A. Spinoza on Law, Politics, and Religion
Week of Nov 27 (Second Paper Due)
Spinoza: Theologico-Political Treatise (Excerpts)
Week of Dec 4
Spinoza: A Political Treatise (Excerpts)
Week of Dec 11
B. The Scopes Trial
Famous Trials: The Scopes Trial
Anti-evolution teachings gain foothold
A BRIEF HISTORY OF CONFLICT BETWEEN EVOLUTION AND CREATION SCIENCE
Week of Dec 18
(Third Paper Due)
Sistine Chapel /The Last Judgment