An analysis of the problems, perspectives, and controversies of American legal thought with particular emphasis on constitutional jurisprudence. The approaches include important statements of the positivist, sociological, natural law, and realist schools of jurisprudence. Students become acquainted with the contributions of such crucial figures as Marshall, Pound, Holmes, Cardozo, Frankfurter, Ely, and Dworkin. Case materials illustrate the various perspectives on the law. An important object of the course is to consider and evaluate the application of the contrasting approaches to actual problems of constitutional abjudication. Among the broader issues discussed in the context of these considerations are the legal enforcement of morality, the moral grounds for disobedience to law, the nature and limits of judicial law-making, and the rationale for legal punishment. Requirements: a midterm, a final exam, and a short paper. Prerequisite: a previous course in U.S. politics or theory.
JACOBSOHN