PHI/LAW 310. Ethics & Law
Prof. Kyoo Lee, Suite 325-4, Dept. of Philosophy, John Jay College of Criminal Justice
Office Hours: T/Th 12:30pm - 1:40pm
kylee@jjay.cuny.edu


WRITING REQUIREMENTS: FOUR take-home EXAMS and A PAPER PORTFOLIO
  • 5,000 word Paper Portfolio: Submit on 5/13 in Class, Printed Copy Only. Choose from the Following Topics, Any Combination:
@ re Ethical and Legal Ambiguities in the Merchant of Venice
@ re Proposal for Ethical Improvement on American Legal System
@ re Torture or Not: When That is the Question...



"What is morally wrong cannot be professionally right,
however it may be sanctioned by time or custom."
Professor David Hoffman (1836)'s
Fifty Resolutions In Regard to Professional Deportment VII, 33
"What is morally wrong cannot be professionally right. 
However, it may be sanctioned by time or custom."



I. LOCATING ISSUES AND EXAMPLES

1/29 Administrative Orientation
Advance Planning

1/31 Before the Law: Reflection with Kafka on the Nature/Embodiments of the Law
In-class Material: Kafka, Before the Law (film)
In-class Material: Kafka, Before the Law (text)
In-class Material: Carter, What Are the Great Issues Facing the Legal System Today?
In-class Material: Wingtip Communications, Television Legal Ad Samples
optional read: derrida, before the law (nb: advanced level - do give it a try, if you can)

2/05 What Are Ethical Issues in Legal Discourse? A Landmark Case: Annesley vs. Anglesea (1743)
Read In Advance: Luban, The Case of the Wicked Uncle, Lawyers and Justice: An Ethical Study
Supplementary Read: Ambiguity and Freedom by De Beauvoir, The Ethics of Ambiguity
Supplementary Read: The Future of Legal Ethics
Supplementary Read: Judicial Partisanship and Obedience to Legal Doctrine: Whistleblowing on the  Federal Courts of Appeals
Supplementary Read: A Modest Proposal for Improving American Justice
Supplementary Read: Parties and Partisanship: A Brief Introduction
Supplementary Read: (Introduction to) Poetic Justice: Funniest, Meanest Jokes About Lawyers
Supplementary Read: (Quotes from) Poetic Justice: Funniest, Meanest Jokes About Lawyers
Supplementary Read: Stranded Between Partisanship and the Truth

2/07 What Are Ethical Issues in Legal Discourse? Another Classical Example: The Merchant of Venice  
In-class Material: Shakespeare and Radford, The Merchant of Venice
In-class Material: Shakespeare, The Merchant of Venice
Supplementary Read: Evaluating Moral Arguments
Supplementary Read: Grudge Informers and the Rule of Law
Supplementary Read: Law and Love in Shakespeare's The Merchant of Venice
Supplementary Read: Merchant of Venice - Teacher's Guide
Supplementary Read: Mislike Me Not For My Complexion
Supplementary Read: Money in Shakespeare
Supplementary Read: The Problem of the Grudge Informer
Supplementary Read: Religion, Money and Race in The Merchant of Venice
Supplementary Read: Shylock Is Content

2/14 What Are Ethical Issues in Legal Discourse? Another Classical Example: The Merchant of Venice   
In-class Material: Shakespeare and Radford, The Merchant of Venice
In-class Material: Shakespeare, The Merchant of Venice
Supplementary Read: Evaluating Moral Arguments
Supplementary Read: Grudge Informers and the Rule of Law
Supplementary Read: Law and Love in Shakespeare's The Merchant of Venice
Supplementary Read: Merchant of Venice - Teacher's Guide
Supplementary Read: Mislike Me Not For My Complexion
Supplementary Read: Money in Shakespeare
Supplementary Read: The Problem of the Grudge Informer
Supplementary Read: Religion, Money and Race in The Merchant of Venice
Supplementary Read: Shylock Is Content

2/19 A Close Analysis. Example: The Merchant of Venice  
Read In Advance:  Deceived with Ornament: Law, Lawyers and Shakespeare's The Merchant of Venice
In-class Material: Shakespeare and Radford, The Merchant of Venice
In-class Material: Shakespeare, The Merchant of Venice
Supplementary Read: Evaluating Moral Arguments
Supplementary Read: Grudge Informers and the Rule of Law
Supplementary Read: Law and Love in Shakespeare's The Merchant of Venice
Supplementary Read: Merchant of Venice - Teacher's Guide
Supplementary Read: Mislike Me Not For My Complexion
Supplementary Read: Money in Shakespeare
Supplementary Read: The Problem of the Grudge Informer
Supplementary Read: Religion, Money and Race in The Merchant of Venice
Supplementary Read: Shylock Is Content

2/21 work on Exam #1



II. CRITICAL REFLECTIONS ON QUESTIONABLE USES OF KEY LEGAL IDIOMS

2/26 "Presumed Innocent" [Submit Exam #1] [Submit Draft Paper]
Read In Advance: Taylor and Johnson, Blind Injustice: Indicted After Proven Innocent, Until Proven Innocent
Supplementary Read: Convicting the Innocent
In-class Material: Justitia, the Blind-Folded Woman
In-class Material: CBS News Productions, Christopher Dalrymple, Against the Law: Evidence of Guilt

2/28 "Presumed Innocent" 
Read In Advance: Taylor and Johnson, Blind Injustice: Indicted After Proven Innocent, Until Proven Innocent
Supplementary Read: Convicting the Innocent
In-class Material: Justitia, the Blind-Folded Woman
In-class Material: CBS News Productions, Christopher Dalrymple, Against the Law: Evidence of Guilt

3/04 "Pleading Guilty" 
Read In Advance: Criminal Justice and the Negotiated Plea
In-class Material: Ofra Bikel Production, The Plea
In-class Material: Justitia, the Blind-Folded Woman
In-class Material: Kiki and Bubu, Sock Puppets, Explain Neoliberalism
Supplementary Read: 1 in 100 U.S. Adults Behind Bars, New York Times
Supplementary Read: The Dirty Harry Problem

3/06 "Pleading Guilty" 
Read In Advance: Criminal Justice and the Negotiated Plea
In-class Material: Justitia, the Blind-Folded Woman
In-class Material: Ofra Bikel Production, The Plea
In-class Material: Kiki and Bubu, Sock Puppets, Explain Neoliberalism
Supplementary Read: 1 in 100 U.S. Adults Behind Bars, New York Times
Supplementary Read: The Dirty Harry Problem

3/11 "Beyond a Reasonable Doubt"
Read In Advance: Excerpts from King (intro and ed), Beyond a Reasonable Doubt
In-class Material: Justitia, the Blind-Folded Woman
In-class Material: CBS Early Show, King, Discussing "Beyond a Reasonable Doubt"

3/13 "Beyond a Reasonable Doubt"
Read In Advance: Excerpts from King (intro and ed), Beyond a Reasonable Doubt
In-class Material: Justitia, the Blind-Folded Woman
In-class Material: CBS Early Show, King, Discussing "Beyond a Reasonable Doubt"

3/18 work on Exam #2



III. PROGRESSIVE REFLECTIONS ON FRONTIERS OF IN/JUSTICE

3/25 Enter/Exit the Adversary System [Submit Exam #2] [Submit Draft Paper]
Read In Advance: Freedman, Lawyer's Ethics in an Adversary System
Supplementary Read: Alternative to the Adversary System

3/27 Enter/Exit the Adversary System
Read In Advance: Freedman, Lawyer's Ethics in an Adversary System
Supplementary Read: Alternative to the Adversary System

4/01 Contrived Ignorance and Justified Institutional Violence
Read In Advance: Luban, Contrived Ignorance,  Legal Ethics and Human Dignity
In-class Material: PBS, the Frontline, the Torture Question
Supplementary Read: In Defense of Torture
Supplementary Read: Redefining Torture
Supplementary Read: Regarding the Torture of Others
Supplementary Read: Terrorist Tort Travesty
Supplementary Read: The Torture Lawyers of Washington
Supplementary Read: Why Ask Why

4/03 Contrived Ignorance and Justified Institutional Violence
Read In Advance: Luban, Contrived Ignorance,  Legal Ethics and Human Dignity
In-class Material: PBS, the Frontline, the Torture Question
Supplementary Read: In Defense of Torture
Supplementary Read: Redefining Torture
Supplementary Read: Regarding the Torture of Others
Supplementary Read: Terrorist Tort Travesty
Supplementary Read: The Torture Lawyers of Washington
Supplementary Read: Why Ask Why

4/08 Poetic Justice
Read In Advance: Nussbaum, Poets as Judges, Poetic Justice
Supplementary Read: What Was King Solomon Thinking?

4/10 Poetic Justice
Read In Advance: Nussbaum, Poets as Judges, Poetic Justice
Supplementary Read: What Was King Solomon Thinking?

4/15 Beyond the Legal Binarism and National Boundaries?
Read In Advance: Nussbaum, Capabilities Across National Boundaries, Frontiers of Justice
Supplementary Read: Martha Nussbaum on Capabilities and Human Rights
Supplementary Read: Introductory Commentary on John Rawl's Theory of Justice

4/17 work on Exam #3



IV. SYNTHETIC REFLECTIONS 

4/29 Student Presentation [Submit Exam #3] [Submit Draft Paper]

5/01 Student Presentation

5/06 Student Presentation

5/08 work on Exam #4

5/013 Last Day of Class: [Submit Exam #4] [Submit The Paper Portfolio]


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