History and Philosophy (HIPH)   

 

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Number Name Credit Type Offering

HIPH7502

American Legal History

This seminar will present a survey of American legal history. Readings and discussions will focus on the relationship between law and change in the economy and in conceptions of liberty. Most law school classes, quite naturally, describe the law as it is and include some discussion of policy based on general values such as efficiency or individual flourishing. In the process of discussing the law in these terms, we come to believe, subconsciously, that our legal system is natural or inevitable, subject to some relatively minor improvements. The study of history reminds us that the law is not, in fact, “just there.” Legal practices and beliefs can change, and have changed, suddenly and dramatically. This course looks at the development of modern legal doctrines from their sometimes very different early incarnations. The topics covered include aspects of property law, torts, contracts, labor law, criminal law, and race and civil rights.



2

Lecture

in-class

HIPH9513

Catholic Social Doctrine

As lawyers and as humans, we are all faced with two great questions: What does it mean to be human? And what makes for a just society in which humans can develop their full potential? Over the past century the Popes have published a large number of documents (mostly encyclicals) that attempt to answer those questions in the light of Christ's teachings and of natural law philosophy. They have explored a wide range of issues from the broadest questions of what rights derive from being human and what constitutes human flourishing to much more specific questions about the right to private property, the principles that should govern economic life, the role of work in human life and society, just wages, and international relations. The current Pope, John Paul II, has expanded and developed the thought of his predecessors adding to it many elements drawn from his own "personalist" philosophy. The ideas set forth in catholic social teaching have their ultimate roots in Christ's teaching and in the Christian tradition as it has developed over the past two thousand years. They are not, however, strictly speaking religious ideas. Rather, they constitute a largely philosophical answer to the most basic questions which underlie the law. As such, their interest and appeal is not limited to Catholics or even to Christians. In this seminar, we will read some of the major documents and discuss their implications for the legal order.



3

Seminar

in-class

HIPH7517

Islamic Jurisprudence

This course introduces the student to the history, sources and methodology of Islamic Law and Jurisprudence (The Shrari'a). The student will gain a basic familiarity with the four primary sources of the Shari'a: The Holy Qu'ran, the Sunnah (precedent) of the Prophet Muhammad, the Doctrine of Ijma' (Consensus), and Qiyas (methods of analogical reasoning used by Islamic jurists). The seminar will use a historical perspective, tracing the development of the Islamic Science of Jurisprudence (Usal-al-Figh) and the four Sunni "Schools of Law" from the time of the Prophet Muhammad (632 A.D.) down to the present day. Topics considered will include: the Opening and Closing of the Gate of Ijtihad (independent legal reasoning); the Ottoman legal reforms; ancient and modern practices of Islamic tibunals and legislatures; Islamic legal education, and the role of the legal treatise in the Islamic legal system. Consideration will also be given to topics in Shi'a Jurisprudence and other issues of contemporary interest, including freedom of expression, the status and role of women in Islam, and relations between the Islamic State and the individual.



2

Lecture

in-class

HIPH7501

Jurisprudence

This philosophy of law course will address fundamental questions including: what is law; what are the origins of law; how does law function in government and society; and how does law effect and define the individuals and groups in any society? Readings will be from primary sources: Aristotle, Plato, the Bible, St. Thomas Aquinas, John Locke, Abraham Lincoln, De Tocqueville, Martin Luther King, and contemporary commentators, supplemented by legislation and selected cases.



Note: Students cannot apply both Jurisprudence (HIPH7501) and A Jurisprudence Seminar (HIPH9519) towards degree requirements.

3

Lecture

in-class

HIPH9519

Jurisprudence Seminar, A

This seminar will consider different definitions and perspectives of law, characteristics of different schools of jurisprudence with particular emphasis on conceptions of the nature and function of rules, the scope of judicial discretion in the interpretation and application of the law and the relationship between law and morality. The goal of the course is to demonstrate how a lawyer's legal philosophy, i.e., perception of the nature and function of law, whether held consciously or not, affects the lawyer's approach to the practice of law, deciding cases as a judge or the performance of other functions as a principle participant in the administration of justice. Students will be required to write a paper on the judicial philosophy of a State Supreme Court judge reflected in a study of a number of written opinions of that judge.



Note: Students cannot apply both A Jurisprudence Seminar and Jurisprudence (HIPH7501) towards degree requirements.

3

Seminar

in-class

HIPH9504

Law and Morality

This seminar is an introduction to ideas about the nature and function of law. Alternative conceptions of law and different schools of legal philosophy will be explored. Particular emphasis will be given to the differences between Natural Law, Legal Positivism, and Legal Realism. Some consideration will be given to the contemporary Law and Economics, Feminist and Critical Legal Studies movements. The major themes of the course are: (1) The different concepts and conceptions of the nature, function and meaning of law; (2) The relationship between legal, ethical and political theory; (3) The role of rules, principles, doctrines and standards in the adjudicatory process; and (4) The problem of discretion in legal decision making. The major goals of this course are: (1) to stimulate thought about the nature, function and ultimate justification for law; (2) to acquaint students with the fundamental questions that are at the core of the legal process; (3) to provide students with an appreciation of the value of legal theory for evaluating the merits of legal argument and legal decisions; and (4) to encourage students to expand their vision of the role of law and lawyers.



3

Seminar

in-class

HIPH8501

Legal Malpractice

The course is a survey of every aspect of legal malpractice form both a theoretical and practice perspective. Students will be exposed to the leading cases from different jurisdictions in the United States as well as New Jersey case law. The aim of the course is to enhance students' understanding of the connection between good ethics and good practice. Focus is on the connection between professional ethics and legal malpractice and the practical problems confronting a lawyer bringing or defending legal malpractice claims which include: the determination of the standard of care, vicarious liability, the necessity of expert witness testimony, and the scope of compensatory and punitive damages. Part of the course will be devoted to practical skills training which includes: the drafting of pleadings, notice to produce documents, taking depostions of a lawyer defendant and expert witnesses; and drafting requests for jury charges and settlement negotiations.



2

Lecture

in-class

HIPH7504

Professional Responsibility

This course is an introduction to the rules governing the lawyering process. It examines the legally imposed and conscience-imposed duties of members of the legal profession to clients, witnesses, opposing parties, governmental agencies and the public. It explores the economics of the legal profession and includes a detailed examination of the Model Rules of Professional Responsibility and other related standards of proper conduct. Students planning to sit for the New Jersey Bar Examination must achieve a grade of "C" or better in the Professional Responsibility course as partial fulfillment of the requirements for application for admission to practice law. Students who receive a "C-", "D" or "D+" must sit for the Multistate Professional Responsibility Examination (MPRE) to be admitted to the New Jersey Bar.



NOTE: Students should consult with the Board of Bar Examiners in the jurisdiction where they intend to seek admission to the bar as to whether that jurisdiction requires sitting for the MPRE.

2

Lecture

in-class

HIPH9517

Race, Ethnicity and the Law

American society has generally thought of race in terms of only two constituent racial groups, Black and White.  This seminar explores the limitations of the Black/White paradigm and confronts issues of particular salience to groups falling outside these narrow racial classifications.  It analyzes how the english-only movement, discrimination against immigrants, and gender bias intersect to marginalize and exclude Ltinos and Asian Americans, among others, from the political process.  The seminar will confront difficult questions such as: Is race legally and/or socially constructed?  How should a person's race/ethnicity be defined?  Are lighter skinned members of minority groups better able to assimilate than darker skinned members?  Is assimilation a desirable goal?  Particular emphasis will be placed on the notion of Latinos and asian Americans as foreigners and the obstacles to building coalitions between different racial and ethnic groups.



3

Seminar

in-class

HIPH7522

Slavery, Human Trafficking and the Law

The Miami Declaration of Principles on Human Trafficking (February 10, 2005) reports that 600,000 to 2,000,000 people are trafficked across international borders annually and millions more are trafficked within borders, even though slavery is now declared to be illegal in every nation on the planet. An estimated 27 million people toil under bondage-like conditions around the world. The declaration further asserts that human trafficking has become the third-largest source of profits for organized crime, generating billions of dollars in revenue each year. In spite of the illegality of trafficking and its condemnation by a broad cross-section of influential governmental and non-governmental voices, the practice seems to be exploding, raising the haunting spectre that slavery, with all its ills, will once again become an accepted part of our daily lives. This course will cause the student to ask why this is so, why it is often hidden from view, and to consider the role of the law in exposing and combating this pernicious evil. After briefly considering the historical background on the global abolition of slavery and the rise of human trafficking , the seminar will give the student a thorough introduction to the international, regional, and domestic legal rules, principles, policies, and administrative practices that are relevant to current efforts by international organizations, states, and non-governmental organizations to put an end to human trafficking. The seminar will then review a broad variety of legal sanctions, investigative techniques, and enforcement strategies used to eliminate trafficking and related crimes, focusing on why some have been successful and others have not. Particular attention will be paid to the roles that immigration policies, corporate employment practices, and prosecutorial decision-making play in this process. Finally, the course will look at current policies and proposals designed to increase the protection and successful reintegration of victims of human trafficking.



2

Lecture

in-class

HIPH9500

Topics in Islamic Law and Jurisprudence

This seminar will explore a series of important and timely issues in Islamic Jurisprudence and Law. After offering the students a brief overview of Islamic Jurisprudence, the seminar will address several discussion topics, including Charity, Jihad, Islamic Finance, Slavery, and selected topics in Islamic Family Law. Several invited guest speakers will address the seminar and students will be responsible for preparing an approved research paper in one of the topic areas.



3

Seminar

in-class