LGST 401(S) Senior Seminar: The Legal Palette
The great jurist Oliver Wendell Holmes claimed that people trained in law rarely appreciate art: works of genius would elude lawyers and judges because "their very novelty would make them repulsive." As Holmes implies, in crucial respects law and art are opposites. Most significantly, the legal system aims at stability and reinforcement of social norms whereas at least some art seeks to destabilize and challenge prevailing norms. What happens when these worlds collide? This course explores several legal battles involving art that raise profound questions. Are judges and juries equipped to determine the purpose or value of art? Do artists need the protection of society or does society need protection from artists? The most crucial question, from the standpoint of this course, concerns the capacity of our legal system to strike an appropriate balance between preserving the social fabric and accommodating change. Does the inherent conservatism of the law inevitably impede the kind of free expression necessary for a thriving democracy?
Format: seminar. Requirements: active class participation, several short papers, and a substantially longer final paper.
Prerequisites: Legal Studies 101 and at least two Legal Studies electives, or permission of the instructor. Enrollment limit: 25 (expected: 20-25). Preference will be given, in order of seniority, to students for whom this course completes the Legal Studies concentration.
Hour: A. HIRSCH