Clinical Legal Education II
A Course of Study
Uganda Christian University, Faculty of Law
by
Lecturer: Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Contact Hours: Monday 9:00-1:00 and 2:00-3:00
Tutorial Assistant: Achieng Mirriam
achizmirriam@yahoo.com
Syllabus: January 2011
1. COURSE DESCRIPTION
Welcome to Clinical Legal Education II also known as the Clinical Practicum. This course has been designed to provide you with “hands on” experiences in the clinical environment. The lecture focus of the course will be legal writing and advocacy skills. We hope you find it to be an exciting and beneficial learning opportunity.
2. COURSE OBJECTIVES:
The goals of this course are as follows:
To provide you with experiences approximating the actual practice of law
To improve research, writing and advocacy skills
To better prepare you to succeed at Law Development Centre
To make a positive impact in the community through service
To glorify God in our work
3. READINGS
Persuasive Written and Oral Advocacy in Trials and Appellate Courts, Michael R. Fontham, David W. Miller, Michael Vitiello, Aspen Publishing Company, USA, 2007. (available in soft copy only)
All materials listed in the Bibliography other than the Fontham book are available in soft copy and in the law library in composite folders.
4. COURSE CONTENT
4.1 COURSE OUTLINE AND CONTENT DESCRIPTION
There will be a reduced number of lectures in this course. The lectures will focus on legal research, legal writing and oral advocacy.
The bulk of the work in this course will be done outside the lecture hall.
The student will be required to draft a client letter, a partner memo, and a legal brief. Students will also conduct a direct and cross examination and present an oral argument before a mock tribunal. Faculty feedback will be provided.
Students will also be required to perform services in the clinical and research setting. The will keep “timesheets” to memorialise their work. These tasks will include work performed with our clinical partners including International Justice Mission, Uganda Christian Lawyers Fraternity, Uganda Human Rights Initiative and International Law Institute. In addition students will be credited for work performed in connection with the Streams of Justice and LDC Preparation Projects. This work will also be evaluated by faculty for quality.
4.2 WEEKLY SCHEDULE
Week One:
Reading Assignment: None
Lecture: Course Overview and Discussion of Service/Sensitisation Projects. Client Letter Writing.
Class Assignment: Client Letter (Due at the conclusion of Week 2) and Timesheets (To be turned in at the conclusion of the semester)
Week Two:
Reading Assignment: Fontham, Chapter 5 “Finding and Applying the Law”
Supplemental Reading Assignment: David J. Richman, How to Be a Great Law Clerk, form Litigation Magazine, Vol. 35, No. 4, pp. 28-31 (2009)
Lecture: Legal Research and Direct and Cross Examinations
Class Assignment: Direct and Cross Examinations (To be performed Week 4)
Week Three:
Reading Assignment: Fontham, Chapter 1,”Getting Started” and Chapter 3 “Writing for Clarity”
Supplemental Reading Assignments: Excerpts from Jane N. Richmond, Legal Writing: Form and Function, National Institute for Trial Advocacy. Excerpts from Gertrude Block, Effective Legal Writing for Law Students and Lawyers (5th Ed.), New York (1999).
Lecture: Introduction to Legal Writing and Lecture on Memo Writing
Week Four:
Students perform Direct and Cross Examinations under faculty supervision.
Class Assignment: Partner Memos (To be completed Week Seven)
Week Five:
Reading Assignment: Fontham, Chapter 2 “Writing Persuasively” (Sections 2.1-2.13)
Supplemental Reading Assignment: Bryan A. Garner, The Deep Issue: A New Approach to Framing Legal Questions, from The Scribes Journal of Legal Writing, Vol. 5, pp 1-39 (1994-1995)
Lecture: Brief Writing I
Week Six
Reading Assignment: Fontham, Chapter 2 “Writing Persuasively” (Sections 2.14-2.30)
Supplemental Reading Assignment: Thomas E. Spahn, How not to “Write Like a Lawyer,” from The Practical Lawyer (October 2005); Excepts from Tom Goldstein and Jethro K. Lieberman, The Lawyer’s Guide to Writing Well, University of California Press
Lecture: Brief Writing II
Week Seven
Reading Assignment: Fontham, Chapter “Editing”
Supplemental Reading Assignment: Irving Younger, Symptoms of Bad Writing, Skimming the Fat Off Your Writing and A Good Example and a Bad, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2001-2002); Duke McDonald, The Ten Worst Faults in Drafting Contracts, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2007)
Lecture: Brief Writing III and Writing Lessons from Strunk and White’s “The Elements of Style”
Class Assignment: Legal Brief and Oral Argument (Due at Conclusion of Semester)
Week Eight
Reading Assignment: None
Supplemental Reading Assignment: Duke McDonald, The Ten Worst Faults in Drafting Contracts, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2007)
Lecture: and Contracts
Week Nine
Reading Assignment: Fontham, Chapter 6 “Preparing for Oral Argument”
Supplemental Reading Assignments: Thomas M Reavley, The Ethical Effective Advocate, from Litigation Magazine, Vol. 35, No. 3, pp. 3-4, 71 (2009); Stan Perry, Overcoming Judicial Bias, from Litigation Magazine, Vol. 35, No. 4, pp. 16-21 (2005)
Lecture: Oral Advocacy and Judicial Bias
Week Ten
Primary Reading Assignment: Fontham, Chapter 7 “Presenting the Oral Argument”
Supplemental Reading Assignments: Frederick Alimonti, Dealing with the Difficult Adversary, from Litigation Magazine, Vol. 35, No. 1 (2008); Martin J. Siegel, To Err is Human but to Forgive...?, from Litigation Magazine, Vol. 34, No. 2 (2008)
Lecture: Oral Advocacy and Dealing with Adversaries
4.3 ASSIGNMENT EXPLANATIONS
a. WRITING PROJECTS
You will be assigned three legal writing projects: 1) a client letter; 2) a partner memo; and 3) a legal brief. You will be evaluated based on your ability to produce work product that is consistent with the instruction you receive in the classroom regarding these assignments.
b. ORAL ADVOCACY
You will perform two oral exercises over the course of the semester. The first oral assignment is the direct and cross examination exercise to be performed Week 4. The second is an oral argument to be performed at the conclusion of the semester. You will be evaluated based on your ability to conduct your argument in a manner consistent with the instruction you receive in the classroom.
c. TIME SHEETS AND CLASS PARTICIPATION
You will be given time sheets. These sheets are designed for you to log all time spent on this course. You will be evaluated based on the time commitment that you demonstrate. You should be as detailed as possible when making your entries. This grade will also encompass class attendance and class participation.
5. ASSESSMENT CRITERIA:
There will be no final paper in this class. Grades will be based on the following:
Client Letter: 5%
Cross and Direct Examinations: 10%
Research Memo: 15%
Legal Brief 25%
Oral Advocacy Presentation 20%
Time Sheets and Class Participation 25%
STATEMENT REGARDING THE INCORPORATION OF CHRISTIAN PRINCIPLES AND DOCTRINE INTO COURSE
This course incorporates Christian principles and doctrine. Students are engaged in the provision of clinical legal services to the poor and marginalised in affiliation with Christian legal service providers International Justice Mission and Uganda Christian Lawyers Fraternity. In addition Biblical examples will be used in the lectures on oral advocacy.
7. BIBLIOGRAPHY
Michael R. Fontham, David W. Miller, Michael Vitiello Persuasive Written and Oral Advocacy in Trials and Appellate Courts,, Aspen Publishing Company, USA, 2007.
Jane N. Richmond, Legal Writing: Form and Function, National Institute for Trial Advocacy
Gertrude Block, Effective Legal Writing for Law Students and Lawyers (5th Ed.), New York (1999)
Tom Goldstein and Jethro K. Lieberman, The Lawyer’s Guide to Writing Well, University of California Press
Bryan A. Garner, The Deep Issue: A New Approach to Framing Legal Questions, from The Scribes Journal of Legal Writing, Vol. 5, pp 1-39 (1994-1995)
Irving Younger, Symptoms of Bad Writing, Skimming the Fat Off Your Writing and A Good Example and a Bad, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2001-2002)
Duke McDonald, The Ten Worst Faults in Drafting Contracts, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2007)
Stan Perry, Overcoming Judicial Bias, from Litigation Magazine, Vol. 35, No. 4, pp. 16-21 (2005)
Thomas E. Spahn, How not to “Write Like a Lawyer,” from The Practical Lawyer (October 2005)
David J. Richman, How to Be a Great Law Clerk, form Litigation Magazine, Vol. 35, No. 4, pp. 28-31 (2009)
Thomas M Reavley, The Ethical Effective Advocate, from Litigation Magazine, Vol. 35, No. 3, pp. 3-4, 71 (2009)
Frederick Alimonti, Dealing with the Difficult Adversary, from Litigation Magazine, Vol. 35, No. 1 (2008)
Martin J. Siegel, To Err is Human but to Forgive...?, from Litigation Magazine, Vol. 34, No. 2 (2008)
Thursday, April 7, 2011
Clinical Legal Education I Syllabus
Clinical Legal Education I
A Course of Study
Uganda Christian University
Faculty of Law
by
Lecturer: Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Tutorial Assistant: Achieng Mirriam
achizmirriam@yahoo.com
Syllabus: January 2011
1. COURSE DESCRIPTION
Welcome to Clinical Legal Education. This course is designed to provide you with practical skills and “hands on” experiences concerning both the practice and business of law.
The course is made up of four sections.
The first section of the course is training session designed to equip you with the skills and knowledge needed to perform certain clinical work. This section will be specially designed for the clinical work you are expected to undertake.
The second section will focus on the development of negotiation and mediation skills. This section will feature opportunities for experiential learning. You will produce journal entries concerning your participation in the negotiation exercises.
The third section will present a Christian approach to integrating faith into legal practice.
The fourth section will focus on practical matters of management, marketing, professional communications and accounting.
2. COURSE OBJECTIVES
In his book Legal Practice in Uganda, Francis A. Wazarwahi Bwengye noted several deficiencies with respect to the legal education offered at both Makerere University and the Law Development Centre. Bwengye called for more training in the areas of client relations, client interviews, negotiations, problem solving, and management. This course has been specially designed to supplement your education in those areas.
This course is also about the practice of law as a Christian calling. We hope this class can encourage you to see the practice of law as an opportunity to serve the Kingdom of God.
This class is a prerequisite to the Clinical Practicum class. The Practicum class is focused on the actual provision of clinical legal work and the improvement of legal writing and advocacy. We hope that you will participate in clinical opportunities in this present class, but the actual provision of clinical work will not be the primary emphasis of this course. This class is designed to prepare you to be an active and effective clinical participant in the Clinical Practicum class.
TEAM MODEL
You will be assigned to a team that is dedicated to a certain legal service projects or pro bono service providers. Teams will meet during tutorial periods and other times in order to train and collaborate. Projects teams include a teams dedicated to Uganda Christian Lawyers Fraternity’s Prison Advocacy Project, International Justice Mission’s Property Grabbing Intervention Project, the Streams of Justice Community Leader Justice Training Project and the Law Development Centre Preparation Project.
4. BIBLIOGRAPHY AND READING MATERIALS
4.1 REQUIRED READINGS
Legal Practice in Uganda, The Law, Practice and Conduct of Advocates, Francis A. Wazarwahi Bwengye, Marianum Publishing Company, Kisubi, Uganda, 2002. (Multiple copies of this book are available in the law library.)
Substantive Clinical Packets, Brian Dennison (Hard copies provided to students to share)
Getting to Yes, Negotiating Agreement Without Giving In, Roger Fisher and William Ury, Penguin Books, USA, 1981 (Multiple copies of this book are available in the law library.)
Redeeming Law, Christian Calling and the Legal Profession, Michael Schutt, InterVarsity Press, USA, 2007. (Professor copy and available in soft copy)
Making the Law Work for Everyone, Volume I, by the Commission on Legal Empowerment of the Poor and United Nations Development Programme, 2008 (Available on the Internet at http://www.undp.org/publications/Making_the_Law_Work_for_Everyone%20(final%20rpt).pdf and available in soft copy)
4.1 TEAM READING ASSIGNMENTS
Teams of students will be assigned a business and/or personal management books for power point presentations. You will be assigned your teams and your book early on in the semester in order to give your team time to read the book and prepare. These books include:
Execution: The Discipline of Getting Things Done, by Larry Bossidy
The Long Tail, by Chris Anderson
Seven Habits of Highly Effective People, by Stephen Covey
The World is Flat, by Thomas L. Friedman
From Good to Great, by Jim Collins
4.2 SUPPLEMENTAL READING MATERIALS
There are articles referred to as “supplemental reading assignments” throughout the syllabus. The class will be questioned with respect to these assignments during lectures. Students who make excellent comments with respect to the substance of these articles during lecture time will be benefit from their participation in their class participation marks. The articles appearing as supplemental reading materials in this syllabus are the following:
Gisela Munoz, The Five R’s of Listening, from The Practical Lawyer, pp. 11-17 (April 2006)
James W. Martin, Going Paperless----Or Not?, from The Practical Lawyer, pp. 51-55 (October 2007)
Patricia A. Yevics, Marketing Tips for Solo and Small Firm Practitioners, from The Practical Lawyer, pp. 11-17 (April 2003)
Thomas E. Kane, Marketing for Solo and Small Firms, from The Practical Lawyer, pp. 53-58 (June 2005)
Richard Blacker, How to Decide on a Career Direction in the Law, pp. 11-18 (August 2006)
Jeffrey Miller and Jill Kohn, The Top Five Reasons Why Clients Leave and How You Can Prevent It, from The Practical Lawyer, pp. 53-58 (April 2008)
Philip Lyon, Confidentiality and Ethics in a Hi-Tech World: Some Nuts-and Bolts Solutions, from The Practical Lawyer, pp. 15-24 (April 2007)
Philip Lyon, Ethical Considerations in Negotiation, from The Practical Lawyer, pp. 37-42 (February 2009)
Jennifer M. Sender, CPR for Your ADR: Alternative Dispute Resolution Primer, from The Practical Lawyer, pp. 19-25 (October 2009)
5. COURSE CONTENT
5.1 COURSE SCHEDULE AND COURSE DESCRIPTION:
SECTION ONE: Clinical Qualification
Week One:
Reading Assignment: Legal Practice in Uganda, Francis A. Wazarwahi Bwengye (Chapters 4 & 5)
Class Activities: Class Introduction and Lecture on issues covered in reading assignments
Tutorial: Go over Clinical Programme Paperwork and Ground rules
Week Two:
Reading Assignment: Clinical Field Guide; and Making the Law Work for Everyone, Commission on Legal Empowerment of the Poor, Chapter 5 “Implementation Strategies”
Class Activities: Lectures on Legal Issues Relevant to the Provision of Clinical Services and Legal Empowerment of the Poor
Tutorials: Topical Lectures
Supplemental Reading Materials: Jeffrey Miller and Jill Kohn, The Top Five Reasons Why Clients Leave and How You Can Prevent It, from The Practical Lawyer, pp. 53-58 (April 2008)
Week Three:
Reading Assignment: Clinical Team Field Guides
Class Activities: Lecture on Client Interviews and Questioning, Clinical Qualification Quiz
Tutorials: Topical Lectures, Client Interview Exercises
Supplemental Reading Assignment: Gisela Munoz, The Five R’s of Listening, from The Practical Lawyer, pp. 11-17 (April 2006)
SECTION TWO: Negotiation and Mediation
Week Four
Reading Assignment: Getting to Yes, Introduction and Chapters 1 and 2
Journal Assignment: Write a journal entry concerning a negotiation exercise we conducted in class.
Class Activities: Lecture on Getting to Yes and Negotiation Exercises
Tutorials: Negotiation Exercises and Participant Feedback
Week Five
Reading Assignment: Getting to Yes, Chapters 3 and 4
Journal Assignment: Write a journal entry concerning a negotiation exercise we have conducted in class.
Class Activities: Lecture on Getting to Yes and Negotiation Exercises
Tutorials: Negotiation Exercises and Participant Feedback
Week Six
Reading Assignment: Getting to Yes, Chapters 5 and 6
Journal Assignment: Write a journal entry concerning a negotiation exercise we have conducted in class.
Class Activities: Lecture on Alternative Dispute Resolution, Lecture on Getting to Yes and Mediation Preparation
Tutorials: Mediation Exercise and Participant Feedback
Supplemental Reading Assignment: Jennifer M. Sender, CPR for Your ADR: Alternative Dispute Resolution Primer, from The Practical Lawyer, pp. 19-25 (October 2009)
Week Seven
Reading Assignment: Getting to Yes, Chapters 7, 8 and Conclusion
Journal Assignment: Imagine that you are an author who is writing a book called “Getting to Yes in Uganda.” How would your book be different from Getting to Yes?
Class Activities: Lecture on Getting to Yes and Principles of Christian Reconciliation
Tutorials: Mediation Exercise and Participant Feedback
Supplemental Reading Materials: Philip Lyon, Ethical Considerations in Negotiation, from The Practical Lawyer, pp. 37-42 (February 2009)
SECTION THREE: Integrity in Practice
Week Eight:
Reading Assignment: Redeeming Law, Michael Schutt, Chapter 3 “Vocation and the Local Church” and Chapter 7 “Community”
Journal Assignment: Write a journal entry on your thoughts after reading the assigned chapters from Redeeming Law
Class Activities: Lecture on Redeeming Law
Tutorials: Group Discussions on Integrating Faith and Practice
Supplemental Reading Assignment: Richard Blacker, How to Decide on a Career Direction in the Law, pp. 11-18 (August 2006)
SECTION FOUR: Business for Advocates
Week Nine
Reading Assignment: None
Class Activities: Lectures on Presentations, Utilising Technology in Legal Practice and Data Management
Tutorial: Team Progress Meetings Regarding Presentations
Supplemental Reading Assignments: James W. Martin, Going Paperless----Or Not?, from The Practical Lawyer, pp. 51-55 (October 2007) and Philip Lyon, Confidentiality and Ethics in a Hi-Tech World: Some Nuts-and Bolts Solutions, from The Practical Lawyer, pp. 15-24 (April 2007)
Week Ten
Reading Assignment: Materials on Accounting for Lawyers
Class Activities: Lectures on Key Business Topics (Marketing, Management, Accounting, Finance)
Tutorials: Lectures during Tutorial Session
Supplemental Reading Materials: Patricia A. Yevics, Marketing Tips for Solo and Small Firm Practitioners, from The Practical Lawyer, pp. 11-17 (April 2003); and Thomas E. Kane, Marketing for Solo and Small Firms, from The Practical Lawyer, pp. 53-58 (June 2005)
Week Eleven
Reading Assignment: None
Class Activities: Team Presentations on Business and Personal Management Books
Tutorials: Team Presentations on Business and Personal Management Books
Week Twelve
Reading Assignment: None
Class Activities: Quiz on Business for Advocates and Team Presentations Continued
5.2 ASSIGNMENT EXPLANATIONS
JOURNAL ENTRIES:
Students are required to submit four journal entries concerning the negotiation exercises and three journal entries regarding court observations.
The topics of the negotiation journal entries are set forth in the Week by Week Course Schedule below.
The court observation journal entries are open ended. Please simply record a description of the proceeding along with your thoughts and impressions concerning the proceeding.
All journal entries should be at least 2 pages in length (hand-written). There is no limit on the length of your journal entries, but students are not rewarded on the basis of volume. Instead you are rewarded based on the quality of writing and the quality of thought that went into your entry. The journal entry should reflect serious contemplation of the issues presented in the exercise. Originality of thought and relevant personal reflection are also appreciated.
The negotiation journal entries are based on negotiation exercises conducted during class. You must attend class the day of the negotiation exercise that you choose to write on. All students are required to submit a negotiated settlement agreement that and a journal entry on the process of creating that settlement agreement. You will be informed as to the dates that these journal entries are due for submission at least one week prior to collection. The date for submission will be at least one week after completing the negotiation unit.
The court observation journal entries are open ended. For each entry please record a detailed description of the a proceeding including the date, time, court, parties and name of the presiding judicial officer. Students are advised to take whatever steps they deem reasonable to demonstrate that they actually attended a court proceeding. Then write two pages or more on your thoughts and impressions concerning the proceeding. The Court observation journals are due on the final day of class of the semester.
The topics for the possible journal entries on Redeeming the Law are are set forth in the Week by Week Course Schedule below. The journal entry on Redeeming Law is due the week after the lectures on Redeeming Law are completed.
You will be graded based on the quality of the ideas presented, your ability to integrate the class materials into the entry, your ability to personalise and apply the concepts in the class materials and the quality of the writing.
COURT EXPERIENCES
You will be expected to attend three court observations over the course of the semester. Each observation should be of something worth writing about. It is possible to observe 3 events in one day at court that are all worth writing about. It is also possible to go to court and see nothing that is worth writing about. You are not limited to attending court sessions in Mukono. You may attend any court sessions at any court in Uganda. You should not wait until the end of the semester to satisfy this requirement as often times it is difficult to attend substantive court proceedings within a small time window.
QUIZES
The quizzes are short answer and multiple choice. They are designed to test your knowledge regarding the portions of material that they cover.
CLASS PARTICIPATION
The most important factor in class participation in your attendance in the lectures and in the team tutorial sessions. The class participation is also based on how you participate in class and in the tutorials. Your tutorial participation is particularly important as the tutorial setting is more interactive and provides more opportunities for student participation than the lecture setting.
CLASS PRESENTATIONS
Class presentation grades are given to the team. All team members should receive the same grade unless there is a student that deserves a lower grade based poor participation or a failure to be present during the presentation. Guidance on class presentation will be provided during the lecture session regarding class presentations.
CLINICAL SERVICES
We hope to provide you with opportunities to provide clinical legal services over the course of the semester. This may involve interviews, will writing, legal research, and community sensitisation. You will be given a “timesheet” to account for your clinical work performed over the course of the semester. This “timesheet” will carry over to Clinical Legal Education II if you choose to take the course. In that course you will be evaluated based on the clinical legal services you have provided over the course of this academic year.
6. ASSESSMENT CRITERIA
There will be no final paper in this class. Grades will be based on the following:
Clinical Qualification Quiz: 20%
Negotiation Journal Entries (4 entries): 20%
Journal Entries on Ethics and Service (2 entries): 10%
Court Experiences Journal Entries (3 entries): 15%
Team Presentation: 10%
Business for Advocates Quiz: 15%
Class Participation: 10%
7. FAITH IN TEACHING
This course incorporates Christian principles and doctrine in many ways.
First, the students are assigned readings that are based in the Christian faith. Students are assigned readings and scripture concerning God’s heart for justice.. Students also read and discuss chapters from Michael Schutt’s book entitled Redeeming Law, Christian Calling and the Legal Profession.
Students are engaged in the provision of clinical legal services in conjunction with Christian organisations such as International Justice Mission and Uganda Christian Lawyers Fraternity.
Students spend several weeks working on developing their skills in principled negotiation and conflict resolution. These skills are consistent with the Christian emphasis on honesty reconciliation.
A Course of Study
Uganda Christian University
Faculty of Law
by
Lecturer: Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Tutorial Assistant: Achieng Mirriam
achizmirriam@yahoo.com
Syllabus: January 2011
1. COURSE DESCRIPTION
Welcome to Clinical Legal Education. This course is designed to provide you with practical skills and “hands on” experiences concerning both the practice and business of law.
The course is made up of four sections.
The first section of the course is training session designed to equip you with the skills and knowledge needed to perform certain clinical work. This section will be specially designed for the clinical work you are expected to undertake.
The second section will focus on the development of negotiation and mediation skills. This section will feature opportunities for experiential learning. You will produce journal entries concerning your participation in the negotiation exercises.
The third section will present a Christian approach to integrating faith into legal practice.
The fourth section will focus on practical matters of management, marketing, professional communications and accounting.
2. COURSE OBJECTIVES
In his book Legal Practice in Uganda, Francis A. Wazarwahi Bwengye noted several deficiencies with respect to the legal education offered at both Makerere University and the Law Development Centre. Bwengye called for more training in the areas of client relations, client interviews, negotiations, problem solving, and management. This course has been specially designed to supplement your education in those areas.
This course is also about the practice of law as a Christian calling. We hope this class can encourage you to see the practice of law as an opportunity to serve the Kingdom of God.
This class is a prerequisite to the Clinical Practicum class. The Practicum class is focused on the actual provision of clinical legal work and the improvement of legal writing and advocacy. We hope that you will participate in clinical opportunities in this present class, but the actual provision of clinical work will not be the primary emphasis of this course. This class is designed to prepare you to be an active and effective clinical participant in the Clinical Practicum class.
TEAM MODEL
You will be assigned to a team that is dedicated to a certain legal service projects or pro bono service providers. Teams will meet during tutorial periods and other times in order to train and collaborate. Projects teams include a teams dedicated to Uganda Christian Lawyers Fraternity’s Prison Advocacy Project, International Justice Mission’s Property Grabbing Intervention Project, the Streams of Justice Community Leader Justice Training Project and the Law Development Centre Preparation Project.
4. BIBLIOGRAPHY AND READING MATERIALS
4.1 REQUIRED READINGS
Legal Practice in Uganda, The Law, Practice and Conduct of Advocates, Francis A. Wazarwahi Bwengye, Marianum Publishing Company, Kisubi, Uganda, 2002. (Multiple copies of this book are available in the law library.)
Substantive Clinical Packets, Brian Dennison (Hard copies provided to students to share)
Getting to Yes, Negotiating Agreement Without Giving In, Roger Fisher and William Ury, Penguin Books, USA, 1981 (Multiple copies of this book are available in the law library.)
Redeeming Law, Christian Calling and the Legal Profession, Michael Schutt, InterVarsity Press, USA, 2007. (Professor copy and available in soft copy)
Making the Law Work for Everyone, Volume I, by the Commission on Legal Empowerment of the Poor and United Nations Development Programme, 2008 (Available on the Internet at http://www.undp.org/publications/Making_the_Law_Work_for_Everyone%20(final%20rpt).pdf and available in soft copy)
4.1 TEAM READING ASSIGNMENTS
Teams of students will be assigned a business and/or personal management books for power point presentations. You will be assigned your teams and your book early on in the semester in order to give your team time to read the book and prepare. These books include:
Execution: The Discipline of Getting Things Done, by Larry Bossidy
The Long Tail, by Chris Anderson
Seven Habits of Highly Effective People, by Stephen Covey
The World is Flat, by Thomas L. Friedman
From Good to Great, by Jim Collins
4.2 SUPPLEMENTAL READING MATERIALS
There are articles referred to as “supplemental reading assignments” throughout the syllabus. The class will be questioned with respect to these assignments during lectures. Students who make excellent comments with respect to the substance of these articles during lecture time will be benefit from their participation in their class participation marks. The articles appearing as supplemental reading materials in this syllabus are the following:
Gisela Munoz, The Five R’s of Listening, from The Practical Lawyer, pp. 11-17 (April 2006)
James W. Martin, Going Paperless----Or Not?, from The Practical Lawyer, pp. 51-55 (October 2007)
Patricia A. Yevics, Marketing Tips for Solo and Small Firm Practitioners, from The Practical Lawyer, pp. 11-17 (April 2003)
Thomas E. Kane, Marketing for Solo and Small Firms, from The Practical Lawyer, pp. 53-58 (June 2005)
Richard Blacker, How to Decide on a Career Direction in the Law, pp. 11-18 (August 2006)
Jeffrey Miller and Jill Kohn, The Top Five Reasons Why Clients Leave and How You Can Prevent It, from The Practical Lawyer, pp. 53-58 (April 2008)
Philip Lyon, Confidentiality and Ethics in a Hi-Tech World: Some Nuts-and Bolts Solutions, from The Practical Lawyer, pp. 15-24 (April 2007)
Philip Lyon, Ethical Considerations in Negotiation, from The Practical Lawyer, pp. 37-42 (February 2009)
Jennifer M. Sender, CPR for Your ADR: Alternative Dispute Resolution Primer, from The Practical Lawyer, pp. 19-25 (October 2009)
5. COURSE CONTENT
5.1 COURSE SCHEDULE AND COURSE DESCRIPTION:
SECTION ONE: Clinical Qualification
Week One:
Reading Assignment: Legal Practice in Uganda, Francis A. Wazarwahi Bwengye (Chapters 4 & 5)
Class Activities: Class Introduction and Lecture on issues covered in reading assignments
Tutorial: Go over Clinical Programme Paperwork and Ground rules
Week Two:
Reading Assignment: Clinical Field Guide; and Making the Law Work for Everyone, Commission on Legal Empowerment of the Poor, Chapter 5 “Implementation Strategies”
Class Activities: Lectures on Legal Issues Relevant to the Provision of Clinical Services and Legal Empowerment of the Poor
Tutorials: Topical Lectures
Supplemental Reading Materials: Jeffrey Miller and Jill Kohn, The Top Five Reasons Why Clients Leave and How You Can Prevent It, from The Practical Lawyer, pp. 53-58 (April 2008)
Week Three:
Reading Assignment: Clinical Team Field Guides
Class Activities: Lecture on Client Interviews and Questioning, Clinical Qualification Quiz
Tutorials: Topical Lectures, Client Interview Exercises
Supplemental Reading Assignment: Gisela Munoz, The Five R’s of Listening, from The Practical Lawyer, pp. 11-17 (April 2006)
SECTION TWO: Negotiation and Mediation
Week Four
Reading Assignment: Getting to Yes, Introduction and Chapters 1 and 2
Journal Assignment: Write a journal entry concerning a negotiation exercise we conducted in class.
Class Activities: Lecture on Getting to Yes and Negotiation Exercises
Tutorials: Negotiation Exercises and Participant Feedback
Week Five
Reading Assignment: Getting to Yes, Chapters 3 and 4
Journal Assignment: Write a journal entry concerning a negotiation exercise we have conducted in class.
Class Activities: Lecture on Getting to Yes and Negotiation Exercises
Tutorials: Negotiation Exercises and Participant Feedback
Week Six
Reading Assignment: Getting to Yes, Chapters 5 and 6
Journal Assignment: Write a journal entry concerning a negotiation exercise we have conducted in class.
Class Activities: Lecture on Alternative Dispute Resolution, Lecture on Getting to Yes and Mediation Preparation
Tutorials: Mediation Exercise and Participant Feedback
Supplemental Reading Assignment: Jennifer M. Sender, CPR for Your ADR: Alternative Dispute Resolution Primer, from The Practical Lawyer, pp. 19-25 (October 2009)
Week Seven
Reading Assignment: Getting to Yes, Chapters 7, 8 and Conclusion
Journal Assignment: Imagine that you are an author who is writing a book called “Getting to Yes in Uganda.” How would your book be different from Getting to Yes?
Class Activities: Lecture on Getting to Yes and Principles of Christian Reconciliation
Tutorials: Mediation Exercise and Participant Feedback
Supplemental Reading Materials: Philip Lyon, Ethical Considerations in Negotiation, from The Practical Lawyer, pp. 37-42 (February 2009)
SECTION THREE: Integrity in Practice
Week Eight:
Reading Assignment: Redeeming Law, Michael Schutt, Chapter 3 “Vocation and the Local Church” and Chapter 7 “Community”
Journal Assignment: Write a journal entry on your thoughts after reading the assigned chapters from Redeeming Law
Class Activities: Lecture on Redeeming Law
Tutorials: Group Discussions on Integrating Faith and Practice
Supplemental Reading Assignment: Richard Blacker, How to Decide on a Career Direction in the Law, pp. 11-18 (August 2006)
SECTION FOUR: Business for Advocates
Week Nine
Reading Assignment: None
Class Activities: Lectures on Presentations, Utilising Technology in Legal Practice and Data Management
Tutorial: Team Progress Meetings Regarding Presentations
Supplemental Reading Assignments: James W. Martin, Going Paperless----Or Not?, from The Practical Lawyer, pp. 51-55 (October 2007) and Philip Lyon, Confidentiality and Ethics in a Hi-Tech World: Some Nuts-and Bolts Solutions, from The Practical Lawyer, pp. 15-24 (April 2007)
Week Ten
Reading Assignment: Materials on Accounting for Lawyers
Class Activities: Lectures on Key Business Topics (Marketing, Management, Accounting, Finance)
Tutorials: Lectures during Tutorial Session
Supplemental Reading Materials: Patricia A. Yevics, Marketing Tips for Solo and Small Firm Practitioners, from The Practical Lawyer, pp. 11-17 (April 2003); and Thomas E. Kane, Marketing for Solo and Small Firms, from The Practical Lawyer, pp. 53-58 (June 2005)
Week Eleven
Reading Assignment: None
Class Activities: Team Presentations on Business and Personal Management Books
Tutorials: Team Presentations on Business and Personal Management Books
Week Twelve
Reading Assignment: None
Class Activities: Quiz on Business for Advocates and Team Presentations Continued
5.2 ASSIGNMENT EXPLANATIONS
JOURNAL ENTRIES:
Students are required to submit four journal entries concerning the negotiation exercises and three journal entries regarding court observations.
The topics of the negotiation journal entries are set forth in the Week by Week Course Schedule below.
The court observation journal entries are open ended. Please simply record a description of the proceeding along with your thoughts and impressions concerning the proceeding.
All journal entries should be at least 2 pages in length (hand-written). There is no limit on the length of your journal entries, but students are not rewarded on the basis of volume. Instead you are rewarded based on the quality of writing and the quality of thought that went into your entry. The journal entry should reflect serious contemplation of the issues presented in the exercise. Originality of thought and relevant personal reflection are also appreciated.
The negotiation journal entries are based on negotiation exercises conducted during class. You must attend class the day of the negotiation exercise that you choose to write on. All students are required to submit a negotiated settlement agreement that and a journal entry on the process of creating that settlement agreement. You will be informed as to the dates that these journal entries are due for submission at least one week prior to collection. The date for submission will be at least one week after completing the negotiation unit.
The court observation journal entries are open ended. For each entry please record a detailed description of the a proceeding including the date, time, court, parties and name of the presiding judicial officer. Students are advised to take whatever steps they deem reasonable to demonstrate that they actually attended a court proceeding. Then write two pages or more on your thoughts and impressions concerning the proceeding. The Court observation journals are due on the final day of class of the semester.
The topics for the possible journal entries on Redeeming the Law are are set forth in the Week by Week Course Schedule below. The journal entry on Redeeming Law is due the week after the lectures on Redeeming Law are completed.
You will be graded based on the quality of the ideas presented, your ability to integrate the class materials into the entry, your ability to personalise and apply the concepts in the class materials and the quality of the writing.
COURT EXPERIENCES
You will be expected to attend three court observations over the course of the semester. Each observation should be of something worth writing about. It is possible to observe 3 events in one day at court that are all worth writing about. It is also possible to go to court and see nothing that is worth writing about. You are not limited to attending court sessions in Mukono. You may attend any court sessions at any court in Uganda. You should not wait until the end of the semester to satisfy this requirement as often times it is difficult to attend substantive court proceedings within a small time window.
QUIZES
The quizzes are short answer and multiple choice. They are designed to test your knowledge regarding the portions of material that they cover.
CLASS PARTICIPATION
The most important factor in class participation in your attendance in the lectures and in the team tutorial sessions. The class participation is also based on how you participate in class and in the tutorials. Your tutorial participation is particularly important as the tutorial setting is more interactive and provides more opportunities for student participation than the lecture setting.
CLASS PRESENTATIONS
Class presentation grades are given to the team. All team members should receive the same grade unless there is a student that deserves a lower grade based poor participation or a failure to be present during the presentation. Guidance on class presentation will be provided during the lecture session regarding class presentations.
CLINICAL SERVICES
We hope to provide you with opportunities to provide clinical legal services over the course of the semester. This may involve interviews, will writing, legal research, and community sensitisation. You will be given a “timesheet” to account for your clinical work performed over the course of the semester. This “timesheet” will carry over to Clinical Legal Education II if you choose to take the course. In that course you will be evaluated based on the clinical legal services you have provided over the course of this academic year.
6. ASSESSMENT CRITERIA
There will be no final paper in this class. Grades will be based on the following:
Clinical Qualification Quiz: 20%
Negotiation Journal Entries (4 entries): 20%
Journal Entries on Ethics and Service (2 entries): 10%
Court Experiences Journal Entries (3 entries): 15%
Team Presentation: 10%
Business for Advocates Quiz: 15%
Class Participation: 10%
7. FAITH IN TEACHING
This course incorporates Christian principles and doctrine in many ways.
First, the students are assigned readings that are based in the Christian faith. Students are assigned readings and scripture concerning God’s heart for justice.. Students also read and discuss chapters from Michael Schutt’s book entitled Redeeming Law, Christian Calling and the Legal Profession.
Students are engaged in the provision of clinical legal services in conjunction with Christian organisations such as International Justice Mission and Uganda Christian Lawyers Fraternity.
Students spend several weeks working on developing their skills in principled negotiation and conflict resolution. These skills are consistent with the Christian emphasis on honesty reconciliation.
Law & Christian Political Thought Syllabus
Law and Christian Political Thought in Africa
A Course of Study
Uganda Christian University
Faculty of Law
Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Class Blog:
http://uculcpt.blogspot.com/
Original Course Developed by
Jeffrey R. Adams
Syllabus
September Semester 2010
Short Description:
Students will be introduced to the development of Christian political thought over the two millennia since the Incarnation, with a particular emphasis on the use and application of Christian political thought in contemporary sub-Saharan Africa. The first portion of the course covers the foundations of Christian political thought. The second portion of the course surveys topical issues.
This is a seminar course. Each student is expected to complete reading assignments in a timely fashion and to contribute actively and productively to classroom discussions. Most class sections will begin with a lecture followed by discussion of the assigned readings.
This is a reading intensive course and a writing intensive course. This course will require time and discipline.
There is officially a tutorial period for this course. On four occasions all students will be expected to attend the tutorial. These specific tutorials are indicated in bold on the syllabus. Generally, however, the tutorial period will be provided to address questions concerning the readings and to provide one on one direction on writing assignments. The lecturer will be in the office during tutorial times and will be available for consultation.
Students will be evaluated based upon class participation (20%), the mock speech writing assignment (10%), class presentation (10%), eight journal entries (20%) and a term paper (40%).
Class Scheduling and Attendance:
Lectures will be conducted twice per week.
You are permitted two unexcused absences over the course of the semester. Any additional absences will impact your class participation grade in a negative manner. Per university policy you must attend at least 75% of the classes to pass the course.
Class Participation Grade:
In addition to the minimum attendance requirement, your class participation grade will be based on your prepared attendance and your participation in class. Required readings should be completed prior to attending class in order to get full credit for attendance. Attendance will be taken at the beginning of each class. You will not receive any credit for attending the class late. You will also not receive credit if you leave class early without prior approval. Attendance will normally be taken five to ten minutes after the scheduled time for class to begin.
Class Presentation:
You will be required to make one short class presentation over the course of the semester. The presentation should not exceed 20 minutes. The presentation may be made on any topic relevant to the course. You should reserve your topic with the teacher in order to avoid duplication with other students.
Journal Entries:
You are required to submit at least ten journal entries. Journal entries must be turned in at the beginning of each class. You may turn in one journal entry at every day of class you attend. The journal entries will make up 20% of your grade. Your ten highest journal entry marks will be counted in your journal entry grade.
The syllabus includes proposed journal entries for each day of class. You should submit journal entries on the journal topic for that day. You may also write on your own topic that pertains to the reading assigned for that day. If you choose to submit a journal entry that is not timely your mark for that journal entry will be reduced.
Your journal entries will be graded based on the quality of the writing, quality and originality of thought, and integration of course material. The journal entries should be limited to two pages in length.
The lecturer may select journal entries for posting on the Class Blog at http://uculcpt.blogspot.com/ Posted journal entries will receive perfect marks. In order to get special grading credit for a posted blog the student will need to type out the selected journal entry and e-mail it to the professor at dbriandennison@gmail.com or provide a soft copy via flash drive.
The Mock Electoral Speech:
This writing assignment requires a bit of imagination. First, you must imagine that the 2011 Ugandan presidential election is between two candidates: Augustine of Hippo and Thomas Aquinas (They are both alive and eligible to be president due to a special constitutional amendment that was passed a few weeks ago). You are a freelance speech writer. You are going to submit a speech to one of the candidates for use in the campaign. The purposed of the speech is to show how your candidate has the best political philosophy and political ideas for Uganda. Although neither candidate has endorsed negative campaigning you should include a substantive critique of the opponent in the speech. Your speech will be largely evaluated on the incorporation of the actual political philosophy, ideas and experiences of the candidates into your speech’s claims and critiques. Footnoted citations to the sources are essential for demonstrating this incorporation to the lecturer. Those footnotes are where you will demonstrate your scholarly acumen. You can have fun with the speech itself. Write it as if it was an actual campaign speech in Uganda. The speech should not exceed 12 pages and should be at least 6 pages double-spaced, with single-spaced footnotes.
Term Paper:
You are required to submit a term paper at the conclusion of the semester. The term paper should be at least 12 pages long, double-spaced. There is no page limit. The paper can be on any topic you choose that is within the scope of the course. The paper should be topically distinct from the subject of your class presentation. The paper should have a thesis. The term paper must include an analytical application of Christian political thought.
Primary Texts:
The Holy Bible.
O’Donovan, Oliver and Joan Lockwood O’Donovan, eds., From Irenaeus to Grotius: A Sourcebook in Christian Political Thought, Grand Rapids, MI: W.B. Eerdmans and Sons, 1999.
Excerpts from the Following Texts:
Finnis, John, Natural Law and Natural Rights, Oxford, Clarendon Law Series,1980.
Kraynak, Robert, Christian Faith and Modern Democracy: God and Politics in a Fallen World, Notre Dame, Indiana, University of Notre Dame Press, 2002.
Okullu, Henry, Church and Politics in East Africa, Kampala, Uganda, Centenary Publishing House, 1982.
Recommended Foundational Texts:
Aristotle, Politics (available at http://classics.mit.edu/Aristotle/politics.html )
Plato, The Republic (available at http://classics.mit.edu/Plato/republic.html )
COURSE SCHEDULE
Part One – Foundations of Christian Political Thought
Session 1 – Course Introduction and Survey of Political Doctrine in the New Testament
Reading Assignment: Matthew 5-7; Romans 13; I Peter; John 18:28-38; Revelation 21:9-12, 22-27
Proposed Journal Entry: None
Session Description: Review course syllabus and discuss lecturer’s expectations. Discuss Christ’s political career. Discuss Christ’s teachings to political issues. Review the Church’s role in politics since the time of Christ. Introduce current African political issues and discuss the relevance of Christian political thought those issues. Discuss the proper role, if any, of the Christian and the Church in the political life of modern nations.
Session 2 – Survey of Political Doctrine in the Old Testament and Survey of Political Doctrine in Other Religions
Reading Assignment: Genesis 1-2; Exodus 13:21; Exodus 20; 1 Samuel 8; 2 Samuel 9; Jeremiah 18:1-12; Daniel 1; Hosea 8:4; and Amos 5:18-24
Proposed Journal Entry: What role does God play in modern politics?
Session Description: Conduct a survey and discussion of key Old Testament passages. Discuss God’s intended and design for societal relations and the proper place and role of humans. Discuss the role of God in political matters and the life and interaction of nations. Conduct a short comparative survey of the political role of other religions.
Tutorial – Introduction to Plato’s Political Thought
Session 3 – Plato, Gnosticism and the Patristic Age.
Reading Assignment: O’Donovan and O’Donovan, 1-7, 15-22 (Irenaeus of Lyons), and 137-140 (Augustine)
Proposed Journal Entry: Does God have dominion over this World?
Session Description: A brief lecture regarding gnosticism and Neo-Platonism. Discuss the role of empires in God’s economy according to Irenaeus. Discuss the influence of history on Irenaeus. Discuss Iranaeas’ understanding as to the source of power, authority and judgment on earth. Introduce Augustine and discuss the initial reading from Augustine.
Session 4 – The Birth of Christian Political Thought in Africa – St. Augustine of Hippo.
Reading Assignment: O’Donovan and O’Donovan, 104-11, 142-163 (Augustine)
Proposed Journal Entry: Is the current relationship between Church and State in Uganda consistent with the ideas set forth by Augustine in “City of God?”
Session Description: Discuss the role of African thinkers in the development of early Christian doctrine. Discuss Augustine’s “City of God.” Discuss the relationship and interaction between the Church and State in modern politics. Review assigned readings.
Session 5 – The City of God Applied
Reading Assignment: Split Reading Assignment, choose one of two options: O’Donovan and O’Donovan, 195-200 (Gregory); 268-276 (Bernard of Clairvaux); and 505-510 (Wyclif) OR O’Donovan and O’Donovan, 743-756 (Hooker)
Proposed Journal Entries: Of Gregory, Bernard and Wyclif who would be best equipped to advise church and governmental leaders in Uganda today? Why? OR Is the political philosophy of Richard Hooker as set forth in his Law of Ecclesiastical Polity relevant in contemporary Uganda?
Session Description: Discuss, compare and contrast the political philosophies of Gregory, Bernard, Wyclif and Hooker concerning the roles and relations of Church and State.
Tutorial – Introduction to Aristotle’s Political Thought
Session 6 – Aristotle and Aquinas.
Reading Assignment: O’Donovan and O’Donovan, 320-328, 330-354 (Aquinas).
Proposed Journal Entry: Do you agree with the use of Aristotelian Thought by Christian philosophers? Are there any advantages or pitfalls that you can discern based on your readings?
Session Description: Lecture on Aquinas and his political thought. Discuss the implications of Aquinas’ understanding, drawn from Aristotle, that man is a social and political animal whose nature demands the existence of a polity. Compare and contrast the political ideas of Aquinus and Augustine. Review assigned readings.
Session 7 – The Legacy of the Angelic Doctor.
Reading Assignment: Split Reading Assignment, choose one of two options: Finnis 134-156 OR Kurt Greenawalt How Persuasive is Natural Law Theory?
Proposed Journal Entry: What are the differences between the a modern world view based on Aquinas versus a modern world view based primarily on Augustine? Which view is more prevalent in Uganda today?
Session Description: Track the progression of Aquinas’s thought to the present. Discuss the viability of natural law as a political philosophy in contemporary Africa? Discuss the viability and relevance of natural law in the post-modern west. A general discussion of writing composition using a comparison of the writing styles of Augustine and Aquinas. Review the readings.
Session 8 – The Reformation, Luther and the Resurgence of Augustinian Political Thought
Reading Assignment: O’Donovan and O’Donovan 549-557, 581-602 (Luther)
Proposed Journal Entry: What are your thoughts on the political philosophy of Luther and his writing style? How do the writings of Luther challenge you as you consider a future career in law?
Session Description: Lecture on the Reformation and Church history after Aquinas. Discuss the political thought of Luther with a view towards tracking the influence of Augustine and noting the distinctions between Luther and Augustine. Compare Christianity at the time of the Reformation to contemporary Christianity. Review assigned readings.
Part Two – Topical Application and Analysis of Christian Political Thought
Oral Presentations Begin: After this point in the Semester Students should be prepared to give oral presentations as described in the syllabus above. Presentations will be scheduled through the lecturer
Session 9 – Overview of Religion and Politics in Modern Africa
Reading Assignment: Pew Report Tolerance and Tension: Islam and Christianity in Sub-Saharan Africa
Journal Entry Assignment: What are the three most surprising things you learned from reading the report Tolerance and Tension. Provide an explanation as to why you found each of the three things surprising.
Session Description: Discuss the findings and implications of the report Tolerance and Tension.
Tutorial – Audio File Discussion Report on “Tolerance and Tension” from Pew Forum
Session 10 – Happy Leaders, Earthly Authority and the Problem of Tyranny
Reading Assignment: O’Donovan and O’Donovan, 14 (Theophilus of Antioch); 140-142 (Augustine); 200-203 (Gregory); 328-330 (Aquinas); 647-649 (Gardiner); and 679-681 (Calvin).
Journal Entry Assignment: What are the key traits of a “happy leader” in contemporary Sub- Saharan Africa? Name any current leaders that you would characterize as “happy leaders.”
Session Description: Discus happy leaders, tyrants and the proper response of the governed to bad governance based on Biblical teachings and the writings set forth in the reading assignment. Review assigned readings.
Session 11 – Happy Leadership, Tyranny and Corruption and in Africa
Reading Assignment: Split Reading Assignment, choose one of three options: Okullu, 34-42 OR Robert Rotberg Strengthening Governance: Ranking Countries Would Help, OR John Mukum Mbaku Bureaucratic Corruption in Africa: The Futility of Cleanups
Journal Entry Assignment: Discuss three ways to improve leadership in Africa based on Christian principles and doctrine.
Session Description: Discuss possible strategies for responding to poor governance and tyrants in Sub-Saharan Africa. Discuss means of encouraging and fostering happy leaders. Evaluate available techniques through the use of case studies. Apply Biblical teaching and Christian Political Philosophy covered in the previous session to the proposed strategies and techniques. Review assigned readings.
Session 12 – Christianity and Democracy
Reading Assignment: Split Reading Assignment, choose one of two options: O’Donovan and O’Donovan, 92-95 (John Chrysostom) and Kraynak 9-44 OR O’Donovan and O’Donovan, 671-672 (Calvin) and Kraynak 45-71
Proposed Journal Entry: Why do you think many Christians today believe that democracy is the most moral form of governance? Do you agree?
Session Description: Explore the history of democracy and the effort to associate Christianity with democracy. Discuss whether Christianity is consistent with Christian guidance and discuss the argument the democracy relates to the essence of the Christian message.
Session 13 – Democracy in Africa.
Reading Assignment: Kwasi Wiredu Democracy and Consensus in African Traditional Politics: A Plea for a Non-party Polity
Proposed Journal Entry: What political model is the “most Christian” in sub-Saharan Africa?
Session Description: Discuss the state of representative government in Africa. Discuss specific attributes of the social, economic, religious and political climate in sub-Saharan Africa and their impact on democratic political models. Review case studies of the 2010 election in Rwanda and the 2007 election in Nigeria.
Session 14 – Colonialism.
Reading Assignment: Split Reading Assignment, choose one of two options: O’Donovan and O’Donovan, 609-630 (De Vitoria) OR Kwazi Wiredu Decolonizing African Philosophy and Religion
Proposed Journal Entry: How can Christianity be de-colonialised in Africa?
Session Description: Discuss the ongoing legacy of colonialism in Africa. Consider the relationship between evangelism and colonialism.
Session 15 – Human Rights.
Reading Assignment: All students read The United Nations “Universal Declaration of Human Rights” plus a Split Reading Assignment, with students choosing one of four options between: O’Donovan and O’Donovan, 792-797 (Grotius) OR Kraynak 55-64 OR Jurgen Moltmann Christianity and Universal Human Rights OR Diana Fox Women’s Human Rights in Africa: Beyond the Debate Over the Universality of Relativity of Human Rights
Session Description: Discuss the theological foundations of human rights, particularly as grounded in the doctrines of creation and redemption. Review assigned readings.
Session 16 – Tribalism and Religious Pluralism
Reading Assignment: Pew Report: Global Restrictions on Religion
Journal Entry Assignment: Does freedom of religion improve the political well-being of a country?
Session Description: Reading from Okullu in class (pp. 43-51)
Discuss tribalism, particularly in light of a theological understanding of humanity grounded in creation and in the shared adoption of all believers in Christ. Discuss the report on Global Restrictions on Religion. Case study discussion of the Hastings College of Law United States Supreme Court Decision.
Tutorial – Interview with Tariq Ramadan from the Pew Forum
Session 17 – Constitution Building in “Christian” Africa
Reading Assignment: The Kenyan Constitution, the South African Constitution and the Ugandan Constitution
Journal Entry Assignment: What role if any does Christianity play in the Constitutions of majority Christian African Nations?
Session Description: Discuss the report. Discuss challenges raised when attempting to accommodate earnestly held religious beliefs in pluralistic societies.
Session 18 – War, Terrorism and Humanitarian Intervention
Reading Assignment: O’Donovan, 44-45 (Origen); 117-118 (Augustine); 635 (The Schleitheim Articles); 736-742 (Suarez)
Proposed Journal Entry: What is the proper Christian response to terrorism?
Session Description: Discuss the treatment of war and armed conflict in Christian political thought. Discuss humanitarian law and humanitarian interventions in Africa. Discuss the problem of terrorism.
Session 19 – Crime and Punishment and the Death Penalty
Reading Assignment: O’Donovan and O’Donovan, 119-130 (Augustine); 672-675 (Calvin) 801-815 (Grotius)
Proposed Journal Entry: Can a person who truly follows the teachings and example of Jesus be a proponent the use of the death penalty?
Session Description: Discuss and explore the positions of Augustine and Calvin on the role of the magistrate. Discuss the role of mercy in the State’s disposition of justice. Discuss and evaluate the death penalty from a Christian perspective.
Session 20 – Reconciliation
Reading Assignment: Split Reading Assignment, choose one of three options: O’Donovan and O’Donovan, 570-580 (Erasmus) OR Dirk J. Louw, Ubunto: An African Assessment of Religious Other OR David A. Crocker Retribution and Reconciliation
Proposed Journal Entry: How can Christian principles regrading reconciliation be successfully integrated into an adversarial legal system?
Session Description: Discuss the scriptural foundation behind reconciliation. Explore differences between Christian reconciliation and humanistic reconciliation. Explore the relationship between justice and peace.
Session 21 – The Just Use of Property
Reading Assignment: Split Reading Assignment, choose one of two options: Set 1 - O’Donovan and O’Donovan, 48-49 (Lactantius); 75-79 (Ambrose); 602-608 (Luther); 682-684 (Calvin) OR O’Donovan and O’Donovan, 355-361 (Aquinus); and Finnis, 165-173
Proposed Journal Entry: Provide a Christian blue-print for the proper use and management of the Ugandan Oil reserves.
Session Description: Discuss Biblical treatment of private property, investment and business. Discuss economic development in Africa. Discuss emerging theories, methods and recommendations regarding the use, maximization and proliferation of property in Africa.
Session 22 – Science, Bioethics, and the Environment
Reading Assignment: Split Reading Assignment, choose one of two options Godfrey Tangwa, Genetic Technology and Moral Values: An African Opinion OR TBA
Proposed Journal Entry: Is science anti-Christian?
Session Description: Discuss the role of natural law in the public debate on abortion, evolution, population control, and genetic engineering. Analyze and Discuss key scientific, bioethical and environmental issues from a Christian perspective.
Session 23 – Christianity, Justice, Equity and the Practice of Law
Reading Assignment: Split Reading Assignment, choose one of two options: O’Donovan and O’Donovan, 23-26 (Tertullian); (499) (Wyclif); 675-678 (Calvin); 771-777 (Perkins); OR Jonathan Edward Maire, The Possibility of a Christian Jurisprudence, from The American Journal of Jurisprudence, Vol. 40, Notre Dame Law School, 1995 (Available in the Library)
Proposed Journal Entry: Should a Christian judge’s beliefs play any role in his or her work as a judge? If not why not? If it should play a role please describe the role.
Session Description: Discuss the ethical implications for lawyers and judges who chooses to adopt the philosophies of Tertullian, Wyclif, Calvin and Perkins. Discuss the Maire Article
Session 24 – The Politics of Religion in the Post-Modern West and Implications for Africa
Reading Assignment: Required The Economist Magazine’s Obituary of God, December 23, 1999; Ecclesiastes 1
Proposed Journal Entry: What can Ugandans learn from the state of religion and relationship between politics and religion in the Post-Modern West?
Session Description: Discuss the implications of the culture war in the West for Christianity and religion in sub-Saharan Africa. Class Review. Class Evaluations. Opportunity for student feedback on class.
A Course of Study
Uganda Christian University
Faculty of Law
Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Class Blog:
http://uculcpt.blogspot.com/
Original Course Developed by
Jeffrey R. Adams
Syllabus
September Semester 2010
Short Description:
Students will be introduced to the development of Christian political thought over the two millennia since the Incarnation, with a particular emphasis on the use and application of Christian political thought in contemporary sub-Saharan Africa. The first portion of the course covers the foundations of Christian political thought. The second portion of the course surveys topical issues.
This is a seminar course. Each student is expected to complete reading assignments in a timely fashion and to contribute actively and productively to classroom discussions. Most class sections will begin with a lecture followed by discussion of the assigned readings.
This is a reading intensive course and a writing intensive course. This course will require time and discipline.
There is officially a tutorial period for this course. On four occasions all students will be expected to attend the tutorial. These specific tutorials are indicated in bold on the syllabus. Generally, however, the tutorial period will be provided to address questions concerning the readings and to provide one on one direction on writing assignments. The lecturer will be in the office during tutorial times and will be available for consultation.
Students will be evaluated based upon class participation (20%), the mock speech writing assignment (10%), class presentation (10%), eight journal entries (20%) and a term paper (40%).
Class Scheduling and Attendance:
Lectures will be conducted twice per week.
You are permitted two unexcused absences over the course of the semester. Any additional absences will impact your class participation grade in a negative manner. Per university policy you must attend at least 75% of the classes to pass the course.
Class Participation Grade:
In addition to the minimum attendance requirement, your class participation grade will be based on your prepared attendance and your participation in class. Required readings should be completed prior to attending class in order to get full credit for attendance. Attendance will be taken at the beginning of each class. You will not receive any credit for attending the class late. You will also not receive credit if you leave class early without prior approval. Attendance will normally be taken five to ten minutes after the scheduled time for class to begin.
Class Presentation:
You will be required to make one short class presentation over the course of the semester. The presentation should not exceed 20 minutes. The presentation may be made on any topic relevant to the course. You should reserve your topic with the teacher in order to avoid duplication with other students.
Journal Entries:
You are required to submit at least ten journal entries. Journal entries must be turned in at the beginning of each class. You may turn in one journal entry at every day of class you attend. The journal entries will make up 20% of your grade. Your ten highest journal entry marks will be counted in your journal entry grade.
The syllabus includes proposed journal entries for each day of class. You should submit journal entries on the journal topic for that day. You may also write on your own topic that pertains to the reading assigned for that day. If you choose to submit a journal entry that is not timely your mark for that journal entry will be reduced.
Your journal entries will be graded based on the quality of the writing, quality and originality of thought, and integration of course material. The journal entries should be limited to two pages in length.
The lecturer may select journal entries for posting on the Class Blog at http://uculcpt.blogspot.com/ Posted journal entries will receive perfect marks. In order to get special grading credit for a posted blog the student will need to type out the selected journal entry and e-mail it to the professor at dbriandennison@gmail.com or provide a soft copy via flash drive.
The Mock Electoral Speech:
This writing assignment requires a bit of imagination. First, you must imagine that the 2011 Ugandan presidential election is between two candidates: Augustine of Hippo and Thomas Aquinas (They are both alive and eligible to be president due to a special constitutional amendment that was passed a few weeks ago). You are a freelance speech writer. You are going to submit a speech to one of the candidates for use in the campaign. The purposed of the speech is to show how your candidate has the best political philosophy and political ideas for Uganda. Although neither candidate has endorsed negative campaigning you should include a substantive critique of the opponent in the speech. Your speech will be largely evaluated on the incorporation of the actual political philosophy, ideas and experiences of the candidates into your speech’s claims and critiques. Footnoted citations to the sources are essential for demonstrating this incorporation to the lecturer. Those footnotes are where you will demonstrate your scholarly acumen. You can have fun with the speech itself. Write it as if it was an actual campaign speech in Uganda. The speech should not exceed 12 pages and should be at least 6 pages double-spaced, with single-spaced footnotes.
Term Paper:
You are required to submit a term paper at the conclusion of the semester. The term paper should be at least 12 pages long, double-spaced. There is no page limit. The paper can be on any topic you choose that is within the scope of the course. The paper should be topically distinct from the subject of your class presentation. The paper should have a thesis. The term paper must include an analytical application of Christian political thought.
Primary Texts:
The Holy Bible.
O’Donovan, Oliver and Joan Lockwood O’Donovan, eds., From Irenaeus to Grotius: A Sourcebook in Christian Political Thought, Grand Rapids, MI: W.B. Eerdmans and Sons, 1999.
Excerpts from the Following Texts:
Finnis, John, Natural Law and Natural Rights, Oxford, Clarendon Law Series,1980.
Kraynak, Robert, Christian Faith and Modern Democracy: God and Politics in a Fallen World, Notre Dame, Indiana, University of Notre Dame Press, 2002.
Okullu, Henry, Church and Politics in East Africa, Kampala, Uganda, Centenary Publishing House, 1982.
Recommended Foundational Texts:
Aristotle, Politics (available at http://classics.mit.edu/Aristotle/politics.html )
Plato, The Republic (available at http://classics.mit.edu/Plato/republic.html )
COURSE SCHEDULE
Part One – Foundations of Christian Political Thought
Session 1 – Course Introduction and Survey of Political Doctrine in the New Testament
Reading Assignment: Matthew 5-7; Romans 13; I Peter; John 18:28-38; Revelation 21:9-12, 22-27
Proposed Journal Entry: None
Session Description: Review course syllabus and discuss lecturer’s expectations. Discuss Christ’s political career. Discuss Christ’s teachings to political issues. Review the Church’s role in politics since the time of Christ. Introduce current African political issues and discuss the relevance of Christian political thought those issues. Discuss the proper role, if any, of the Christian and the Church in the political life of modern nations.
Session 2 – Survey of Political Doctrine in the Old Testament and Survey of Political Doctrine in Other Religions
Reading Assignment: Genesis 1-2; Exodus 13:21; Exodus 20; 1 Samuel 8; 2 Samuel 9; Jeremiah 18:1-12; Daniel 1; Hosea 8:4; and Amos 5:18-24
Proposed Journal Entry: What role does God play in modern politics?
Session Description: Conduct a survey and discussion of key Old Testament passages. Discuss God’s intended and design for societal relations and the proper place and role of humans. Discuss the role of God in political matters and the life and interaction of nations. Conduct a short comparative survey of the political role of other religions.
Tutorial – Introduction to Plato’s Political Thought
Session 3 – Plato, Gnosticism and the Patristic Age.
Reading Assignment: O’Donovan and O’Donovan, 1-7, 15-22 (Irenaeus of Lyons), and 137-140 (Augustine)
Proposed Journal Entry: Does God have dominion over this World?
Session Description: A brief lecture regarding gnosticism and Neo-Platonism. Discuss the role of empires in God’s economy according to Irenaeus. Discuss the influence of history on Irenaeus. Discuss Iranaeas’ understanding as to the source of power, authority and judgment on earth. Introduce Augustine and discuss the initial reading from Augustine.
Session 4 – The Birth of Christian Political Thought in Africa – St. Augustine of Hippo.
Reading Assignment: O’Donovan and O’Donovan, 104-11, 142-163 (Augustine)
Proposed Journal Entry: Is the current relationship between Church and State in Uganda consistent with the ideas set forth by Augustine in “City of God?”
Session Description: Discuss the role of African thinkers in the development of early Christian doctrine. Discuss Augustine’s “City of God.” Discuss the relationship and interaction between the Church and State in modern politics. Review assigned readings.
Session 5 – The City of God Applied
Reading Assignment: Split Reading Assignment, choose one of two options: O’Donovan and O’Donovan, 195-200 (Gregory); 268-276 (Bernard of Clairvaux); and 505-510 (Wyclif) OR O’Donovan and O’Donovan, 743-756 (Hooker)
Proposed Journal Entries: Of Gregory, Bernard and Wyclif who would be best equipped to advise church and governmental leaders in Uganda today? Why? OR Is the political philosophy of Richard Hooker as set forth in his Law of Ecclesiastical Polity relevant in contemporary Uganda?
Session Description: Discuss, compare and contrast the political philosophies of Gregory, Bernard, Wyclif and Hooker concerning the roles and relations of Church and State.
Tutorial – Introduction to Aristotle’s Political Thought
Session 6 – Aristotle and Aquinas.
Reading Assignment: O’Donovan and O’Donovan, 320-328, 330-354 (Aquinas).
Proposed Journal Entry: Do you agree with the use of Aristotelian Thought by Christian philosophers? Are there any advantages or pitfalls that you can discern based on your readings?
Session Description: Lecture on Aquinas and his political thought. Discuss the implications of Aquinas’ understanding, drawn from Aristotle, that man is a social and political animal whose nature demands the existence of a polity. Compare and contrast the political ideas of Aquinus and Augustine. Review assigned readings.
Session 7 – The Legacy of the Angelic Doctor.
Reading Assignment: Split Reading Assignment, choose one of two options: Finnis 134-156 OR Kurt Greenawalt How Persuasive is Natural Law Theory?
Proposed Journal Entry: What are the differences between the a modern world view based on Aquinas versus a modern world view based primarily on Augustine? Which view is more prevalent in Uganda today?
Session Description: Track the progression of Aquinas’s thought to the present. Discuss the viability of natural law as a political philosophy in contemporary Africa? Discuss the viability and relevance of natural law in the post-modern west. A general discussion of writing composition using a comparison of the writing styles of Augustine and Aquinas. Review the readings.
Session 8 – The Reformation, Luther and the Resurgence of Augustinian Political Thought
Reading Assignment: O’Donovan and O’Donovan 549-557, 581-602 (Luther)
Proposed Journal Entry: What are your thoughts on the political philosophy of Luther and his writing style? How do the writings of Luther challenge you as you consider a future career in law?
Session Description: Lecture on the Reformation and Church history after Aquinas. Discuss the political thought of Luther with a view towards tracking the influence of Augustine and noting the distinctions between Luther and Augustine. Compare Christianity at the time of the Reformation to contemporary Christianity. Review assigned readings.
Part Two – Topical Application and Analysis of Christian Political Thought
Oral Presentations Begin: After this point in the Semester Students should be prepared to give oral presentations as described in the syllabus above. Presentations will be scheduled through the lecturer
Session 9 – Overview of Religion and Politics in Modern Africa
Reading Assignment: Pew Report Tolerance and Tension: Islam and Christianity in Sub-Saharan Africa
Journal Entry Assignment: What are the three most surprising things you learned from reading the report Tolerance and Tension. Provide an explanation as to why you found each of the three things surprising.
Session Description: Discuss the findings and implications of the report Tolerance and Tension.
Tutorial – Audio File Discussion Report on “Tolerance and Tension” from Pew Forum
Session 10 – Happy Leaders, Earthly Authority and the Problem of Tyranny
Reading Assignment: O’Donovan and O’Donovan, 14 (Theophilus of Antioch); 140-142 (Augustine); 200-203 (Gregory); 328-330 (Aquinas); 647-649 (Gardiner); and 679-681 (Calvin).
Journal Entry Assignment: What are the key traits of a “happy leader” in contemporary Sub- Saharan Africa? Name any current leaders that you would characterize as “happy leaders.”
Session Description: Discus happy leaders, tyrants and the proper response of the governed to bad governance based on Biblical teachings and the writings set forth in the reading assignment. Review assigned readings.
Session 11 – Happy Leadership, Tyranny and Corruption and in Africa
Reading Assignment: Split Reading Assignment, choose one of three options: Okullu, 34-42 OR Robert Rotberg Strengthening Governance: Ranking Countries Would Help, OR John Mukum Mbaku Bureaucratic Corruption in Africa: The Futility of Cleanups
Journal Entry Assignment: Discuss three ways to improve leadership in Africa based on Christian principles and doctrine.
Session Description: Discuss possible strategies for responding to poor governance and tyrants in Sub-Saharan Africa. Discuss means of encouraging and fostering happy leaders. Evaluate available techniques through the use of case studies. Apply Biblical teaching and Christian Political Philosophy covered in the previous session to the proposed strategies and techniques. Review assigned readings.
Session 12 – Christianity and Democracy
Reading Assignment: Split Reading Assignment, choose one of two options: O’Donovan and O’Donovan, 92-95 (John Chrysostom) and Kraynak 9-44 OR O’Donovan and O’Donovan, 671-672 (Calvin) and Kraynak 45-71
Proposed Journal Entry: Why do you think many Christians today believe that democracy is the most moral form of governance? Do you agree?
Session Description: Explore the history of democracy and the effort to associate Christianity with democracy. Discuss whether Christianity is consistent with Christian guidance and discuss the argument the democracy relates to the essence of the Christian message.
Session 13 – Democracy in Africa.
Reading Assignment: Kwasi Wiredu Democracy and Consensus in African Traditional Politics: A Plea for a Non-party Polity
Proposed Journal Entry: What political model is the “most Christian” in sub-Saharan Africa?
Session Description: Discuss the state of representative government in Africa. Discuss specific attributes of the social, economic, religious and political climate in sub-Saharan Africa and their impact on democratic political models. Review case studies of the 2010 election in Rwanda and the 2007 election in Nigeria.
Session 14 – Colonialism.
Reading Assignment: Split Reading Assignment, choose one of two options: O’Donovan and O’Donovan, 609-630 (De Vitoria) OR Kwazi Wiredu Decolonizing African Philosophy and Religion
Proposed Journal Entry: How can Christianity be de-colonialised in Africa?
Session Description: Discuss the ongoing legacy of colonialism in Africa. Consider the relationship between evangelism and colonialism.
Session 15 – Human Rights.
Reading Assignment: All students read The United Nations “Universal Declaration of Human Rights” plus a Split Reading Assignment, with students choosing one of four options between: O’Donovan and O’Donovan, 792-797 (Grotius) OR Kraynak 55-64 OR Jurgen Moltmann Christianity and Universal Human Rights OR Diana Fox Women’s Human Rights in Africa: Beyond the Debate Over the Universality of Relativity of Human Rights
Session Description: Discuss the theological foundations of human rights, particularly as grounded in the doctrines of creation and redemption. Review assigned readings.
Session 16 – Tribalism and Religious Pluralism
Reading Assignment: Pew Report: Global Restrictions on Religion
Journal Entry Assignment: Does freedom of religion improve the political well-being of a country?
Session Description: Reading from Okullu in class (pp. 43-51)
Discuss tribalism, particularly in light of a theological understanding of humanity grounded in creation and in the shared adoption of all believers in Christ. Discuss the report on Global Restrictions on Religion. Case study discussion of the Hastings College of Law United States Supreme Court Decision.
Tutorial – Interview with Tariq Ramadan from the Pew Forum
Session 17 – Constitution Building in “Christian” Africa
Reading Assignment: The Kenyan Constitution, the South African Constitution and the Ugandan Constitution
Journal Entry Assignment: What role if any does Christianity play in the Constitutions of majority Christian African Nations?
Session Description: Discuss the report. Discuss challenges raised when attempting to accommodate earnestly held religious beliefs in pluralistic societies.
Session 18 – War, Terrorism and Humanitarian Intervention
Reading Assignment: O’Donovan, 44-45 (Origen); 117-118 (Augustine); 635 (The Schleitheim Articles); 736-742 (Suarez)
Proposed Journal Entry: What is the proper Christian response to terrorism?
Session Description: Discuss the treatment of war and armed conflict in Christian political thought. Discuss humanitarian law and humanitarian interventions in Africa. Discuss the problem of terrorism.
Session 19 – Crime and Punishment and the Death Penalty
Reading Assignment: O’Donovan and O’Donovan, 119-130 (Augustine); 672-675 (Calvin) 801-815 (Grotius)
Proposed Journal Entry: Can a person who truly follows the teachings and example of Jesus be a proponent the use of the death penalty?
Session Description: Discuss and explore the positions of Augustine and Calvin on the role of the magistrate. Discuss the role of mercy in the State’s disposition of justice. Discuss and evaluate the death penalty from a Christian perspective.
Session 20 – Reconciliation
Reading Assignment: Split Reading Assignment, choose one of three options: O’Donovan and O’Donovan, 570-580 (Erasmus) OR Dirk J. Louw, Ubunto: An African Assessment of Religious Other OR David A. Crocker Retribution and Reconciliation
Proposed Journal Entry: How can Christian principles regrading reconciliation be successfully integrated into an adversarial legal system?
Session Description: Discuss the scriptural foundation behind reconciliation. Explore differences between Christian reconciliation and humanistic reconciliation. Explore the relationship between justice and peace.
Session 21 – The Just Use of Property
Reading Assignment: Split Reading Assignment, choose one of two options: Set 1 - O’Donovan and O’Donovan, 48-49 (Lactantius); 75-79 (Ambrose); 602-608 (Luther); 682-684 (Calvin) OR O’Donovan and O’Donovan, 355-361 (Aquinus); and Finnis, 165-173
Proposed Journal Entry: Provide a Christian blue-print for the proper use and management of the Ugandan Oil reserves.
Session Description: Discuss Biblical treatment of private property, investment and business. Discuss economic development in Africa. Discuss emerging theories, methods and recommendations regarding the use, maximization and proliferation of property in Africa.
Session 22 – Science, Bioethics, and the Environment
Reading Assignment: Split Reading Assignment, choose one of two options Godfrey Tangwa, Genetic Technology and Moral Values: An African Opinion OR TBA
Proposed Journal Entry: Is science anti-Christian?
Session Description: Discuss the role of natural law in the public debate on abortion, evolution, population control, and genetic engineering. Analyze and Discuss key scientific, bioethical and environmental issues from a Christian perspective.
Session 23 – Christianity, Justice, Equity and the Practice of Law
Reading Assignment: Split Reading Assignment, choose one of two options: O’Donovan and O’Donovan, 23-26 (Tertullian); (499) (Wyclif); 675-678 (Calvin); 771-777 (Perkins); OR Jonathan Edward Maire, The Possibility of a Christian Jurisprudence, from The American Journal of Jurisprudence, Vol. 40, Notre Dame Law School, 1995 (Available in the Library)
Proposed Journal Entry: Should a Christian judge’s beliefs play any role in his or her work as a judge? If not why not? If it should play a role please describe the role.
Session Description: Discuss the ethical implications for lawyers and judges who chooses to adopt the philosophies of Tertullian, Wyclif, Calvin and Perkins. Discuss the Maire Article
Session 24 – The Politics of Religion in the Post-Modern West and Implications for Africa
Reading Assignment: Required The Economist Magazine’s Obituary of God, December 23, 1999; Ecclesiastes 1
Proposed Journal Entry: What can Ugandans learn from the state of religion and relationship between politics and religion in the Post-Modern West?
Session Description: Discuss the implications of the culture war in the West for Christianity and religion in sub-Saharan Africa. Class Review. Class Evaluations. Opportunity for student feedback on class.
Jurisprudence II Syllabus
Jurisprudence II
A Course of Study
Uganda Christian University
Faculty of Law
by
Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Class Blog: http://ucujurisprudence.blogspot.com/
Syllabus
Short Description:
Students will be introduced to jurisprudential schools of thought and key jurisprudential concepts.
The class will meet twice per week for twelve weeks.
Course Evaluation system:
• 30% of your grade will be based on coursework. The Coursework grade will be based equally on class participation (10%), tutorial grade (10%) and a mid-term quiz (10%).
• The class participation grade will be based on your performance when called upon to participate in Socratic dialogues, your class attendance, your class participation over the course of the semester, and other possible assignments that may be assigned at the discretion of the lecturer to students. The key element in you overall class participation grade will be your level of preparation and you ability and willingness to participate thoughtfully in class discussions.
• The tutorial participation grade will based on your performance during the tutorial sessions in exercises such as debates, presentations and written assignments.
• The final exam will be closed book and will account for 70% of your grade.
• Per University and Department Policy you should attend 75% of all classes to be eligible to take the final examination.
Primary Text:
M.D.A. FRIEDMAN: Lloyd’s Introduction to Jurisprudence, 6th Edition, Sweet and Maxwell, London, 1994; and alternatively the 7th Edition
Required readings are taken from the following texts:
HERNANDO DESOTO: The Mystery of Capital
J.M. FINNIS: Natural Law and Natural Rights, Oxford University Press, Oxford, UK, 1980
BENJAMIN J. ODOKI : The Search for a National Consensus: The Making of the 1995 Ugandan Constitution, Fountain Publishers, Uganda, 2005
J.G. RIDDALL: Jurisprudence, Second Edition, Oxford University Press, Oxford, UK, 2005
Ugandan Law:
The Constitution of Uganda
Departed Asians Property Custodian Board v. Jaffer Bros., Supreme Court of Uganda, Civil App. No. 9 of 1998
Mungereza v. PriceWaterhouseCoopers, Supreme Court of Uganda, Civil App. No. 34 of 2001
Obbo v. Mwenda, Supreme Court of Uganda, Const. App. No. 2 of 2002
Sharon et al. v. Makerere Univ., Supreme Court of Uganda, Const. App. No. 2 of 2004
Uganda v. Peter Matouvu, High Court of Uganda, Crim. Session Case Bo. 146 of 2001
Law & Advocacy for Women in Uganda, The Constitutional Court of Uganda, April 5, 2007
Rwabinumi v. Bahimbisomwe, Court of Appeals of Uganda, No. 30 of 2007
United States Supreme Court Cases:
Grutter v. Bollinger, 539 U.S. 306 (2003)
Lawrence v. Texas, 539 U.S. 558 (2003)
Medellin v. Texas, 522 U.S. ___ (2008)
Boumediene v. Bush, 553 U.S. ____, (2008)
Roe v. Wade, 410 U.S. 558 (1973)
Republican Party of Minnesota v. White, 536 U.S. 765 (2002)
Movies:
You will be shown several movies during this course. The movies are intended to enhance the material and give you the opportunity to explore and process the subject matter of the course. The showing times for the movies will be announced to the class. You are responsible for viewing the movies over the course of the semester. The movies will be the subject matter of some of the final examination questions.
The following is a list of the movies that are likely to be shown:
“The Great Debaters”
“To Kill a Mockingbird”
“Breaker Morant”
“Amistad”
“The Passion of Joan of Arc”
“Ghandi”
Socratic Method:
Bolded reading assignments will be subject to “Socratic Method.” Under this method of instruction, Students will be called upon on at random to respond to questions regarding the bolded reading assignments. You will be graded on your preparedness and performance in responding to questions. You may be called upon more than once over the course of the semester.
Class Schedule:
Part One – Introduction
Session 1 – Course Introduction
Reading Assignment: List of Key Philosophical Terms
Session Description: Describe the course syllabus and the professor’s expectations. Conduct a preview of the material to be covered. Discuss the role that Christianity and Christian Doctrine will play. Go over list of Key Philosophical Terms.
Part Two – The Historical and Anthropological Schools of Jurisprudence
Session 2 – Historical and Anthropological Jurisprudence
Reading Assignment: Lloyds 1077-1096 (8th)
Session Description: Introduction to the Historical and Anthropological Schools of Jurisprudence.
Part Three – Marxism and Distributive Justice
Session 3 – Marxist Jurisprudence
Reading Assignment: Lloyds 837-864 (6th) or 953-979 (7th).
Session Description: Introduction to Marxism including its philosophical foundation and basic tenants.
Session 4 – Marxist Jurisprudence After Marx and Other Theories of Just Distribution
Reading Assignment: Lloyds 864-876 (6th) or 979-990 (7th), Finnis Natural Law and Natural Rights pp. 165-193.
Session Description: Discuss evolution and application of Marxist ideology after Marx. Discuss other ideologies concerning the just use and distribution of property.
Session 5 – Law, Capital, Globalization and the Developing World
Reading Assignment: Except from Hernando DeSoto’s The Mystery of Capital, Policy Discussion Papers from Land Equity Movement Uganda (LEMU)
Session Description: Discuss current ideas concerning capital, market economics, and globalization and their relation to the law and the practice of law in the developing world.
Part Four – Law and Equality
Session 6 – Feminism
Reading Assignment: Lloyds 1062-1081 and 1106-1115 (6th Ed.) or 1145-1175 (7th Ed.); Aili Mari Tripp, Women’s Movements, Customary Law, and Land Rights in Africa: The Case of Uganda, African Studies Quarterly, Vol. 7, Issue 4, 2004. Law & Advocacy for Women in Uganda v. The Attorney General, The Constitutional Court of Uganda, April 5, 2007; Objective XV and Article 33 of the Uganda Constitution.
Session Description: Introduce and discuss feminist jurisprudence with an emphasis on the four schools of feminism discussed in the Cain article. Socratic Dialogue on Law & Advocacy for Women in Uganda Case.
Session 7 – Critical Race Theory
Reading Assignment: Lloyds 1335-1342 (7th Ed. Only) and 1352-1366 (7th Ed. Only); Ricardo Rene Laremont, “Political Versus Legal Strategies for the African Slavery Reparations Movement”; Departed Asians Property Custodian Board v. Jaffer Bros., Supreme Court of Uganda, Civil App. No. 9 of 1998 (Socratic).
Session Description: Introduce and discuss critical race theory. Discuss the relevance of critical race theory in Uganda. Socratic Dialogue on the Jaffer Bros. case.
Session 8 – Affirmative Action and Collective Justice
Reading Assignment: Grutter v. Bollinger, 539 U.S. 306 (2003) (Socratic for assigned portion of case based on your name): Objectives VI and XII and Articles 32 and 33 of the Ugandan Constitution.
Session Description: Socratic Dialogue on the Grutter case. Discuss the use of affirmative action in Uganda.
Part Five – Religion and Morality in the Law
Session 9 – The Separation and Convergence of Church, Mosque and State
Reading Assignment: Objective XVIII and Articles 5 and 29 of the Ugandan Constitution; Sharon et al. v. Makerere Univ., Supreme Court of Uganda, Const. App. No. 2 of 2004 (Socratic dialogue on the Opinion of J. Odoki only);
Session Description: Discuss the historic relationship of the Christian Church and the State. Survey of Islamic Jurisprudence and special issues concerning Islamic law in the context of a pluralistic society. Socratic dialogue on the Sharon case.
Session 10 – The Possibility of a Christian Jurisprudence
Reading Assignment: Jonathan E. Maire, The Possibility of a Christian Jurisprudence, from The American Journal of Jurisprudence, Vol. 40, Notre Dame Law School, 1995 (Copies are available in the Law Library); Steven D. Smith, Our Agnostic Constitution, New York University Law Review, Volume 83, pages 120-166 (2008) (available on the Internet at:
http://legalworkshop.org/wp-content/uploads/2009/08/nyu-a20091109-smith.pdf
Session Description: Discuss the articles by Jonathan Maire and Smith.
Midterm Quiz: To be Conducted During Tutorial Session
Session 11 – Morality and the Law
Reading Assignment: J.G. Riddall: Jurisprudence, pp. 291-321 “It shouldn’t be allowed: The enforcement of morality”; R. Wacks: Understanding Jurisprudence, pp. 150-162 “Law and Morality”; Articles 52(c)(3) and 225(1)(a) of the Ugandan Constitution; Rwabinumi v. Bahimbisomwe, Court of Appeal of Uganda, Civil Appeal No. 20 of 2007 (Socratic dialogue on the Opinion of J. Twinomujuni only).
Session Description: Explore the relationship between morality and the law with a focus on the place of natural law. Socratic dialogue on the Rwabinumi case.
Session 12 – Morality and the Law, Applied
Reading Assignment: Lawrence v. Texas, 539 U.S. 558 (2003) (Socratic for assigned portion of case based on your name); Objectives V and XIX and Articles 4, 20, 21, 23, 29, 31, 37, 43 and 45 of the Constitution of Uganda.
Session Description: Extensive Socratic dialogue on the Lawrence case. Listen to portions of the Supreme Court Arguments.
Part Six – Sources of Law
Session 13 – Sources of Law in the Post-Colonial Context
Reading Assignment: Excerpts from Odoki: The Making of the 1995 Ugandan Constitution; Objectives XIV and XXIX of the Ugandan Constitution. Uganda v. Peter Matouvu, High Court of Uganda, Crim. Session Case Bo. 146 of 2001
Session Description: Lecture on where law comes from in Post-Colonial nations and how it was made. Discussion on where law should come from and how it should be made with an emphasis on the Constitution of Uganda. Socratic dialogue on the Matouvu case.
Session 14 – International Law and International Legal Standards
Reading Assignment: Medellin v. Texas, 522 U.S. ___ (2008); and Boumediene v. Bush, 553 U.S. ____, (2008) (Socratic for assigned portion of case based on your name)
Session Description: Socratic dialogue on the Medellin and Boumediene cases. Discuss the influence of international legal authority and international opinion on the United States and on Uganda.
Part Seven – Courts, Adjudication, Politics, Democracy and the Rule of Law
Session 15 – Theories of Adjudication and Alternative Dispute Dispute Resolution
Reading Assignment: Lloyds 1255-1285 (6th) 1375-1406 (7th); Mungereza v. PriceWaterhouseCoopers, Supreme Court of Uganda, Civil App. No. 34 of 2001 (Socratic)
Session Description: Lecture on theories of adjudication and alternative dispute resolution. Socratic on the Mungereza opinion.
Session 16 – Appellate Courts and the Common Law
Reading Assignment: Roe v. Wade, 410 U.S. 558 (1973) (Socratic for assigned portion of case based on your name); Articles 22 and 29 of the Ugandan Constitution.
Session Description: Extensive Socratic dialogue on the Roe case. Discuss the law regarding the sanctity of life in Uganda and potential legal challenged in light of the reasoning in Roe v. Wade and related case law.
Session 17 – Political Pressure, Freedom of Speech, Separation of Powers and the Rule of Law
John E. Jones, “Our Constitution’s Intelligent Design,” from Litigation Magazine, Volume 33, No. 3, Spring 2007, pp. 3-6, 56-57; Obbo v. Mwenda, Supreme Court of Uganda, Const. App. No. 2 of 2002 (Socratic on the Opinion of J. Malinga only)
Session Description: Discuss the proper role of Judges and the problems faced by Judges in the political climate of democracies. Socratic dialogue on the Obbo case.
Session 18 – Judges and Democracy
Reading Assignment: Selected portions of Republican Party of Minnesota v. White, U.S. (2002) (Socratic for assigned portion of case based on your name); Articles 142 through 148 of the Uganda Constitution.
Session Description: Extensive Socratic dialogue on the White case. Discussion on the political and ethical implications of different means and methods of judicial appointment and placement.
Part Eight – Return to the Ivory Tower
Session 19 – Critical Legal Studies and Postmodernism
Reading Assignment: Loyds 936-959 and 972-987 (6th) or 1041-1063 and 1073-1081 (7th), 1253-1264 (7th), (Gordon, “Law and Ideology” 1056-1063, Gabel 1073-1081
Session Description: Lecture on the key features of the Critical Legal Studies school of thought. Discuss the practical applications of Critical Legal Studies in general and by Christian lawyers. Lecture on the major tenants of Postmodernism and Postmodern Jurisprudence. Discuss the relevance of Postmodernism in Uganda.
Part Nine – Ethics and Justice
Session 20 – Corruption and Civil Disobedience
Reading Assignment: John Mukum Mbaku: “Bureaucratic Corruption in Africa: The Futility of Cleanups,” Cato Journal, Vol. 16, No. 1 (Spring/Summer 1996); J.G. Riddall: Jurisprudence, pp. 322-335 “Two bites of the cherry: Civil Disobedience”
Session Description: Discuss corruption from different jurisprudential perspectives. Review causes and effects of corruption in Uganda. Discuss strategies for addressing corruption. Discussion of civil disobedience
Session 21 – Lawyers as Agents of Change
Reading Assignment: First half of Making the Law Work for Everyone issued by The Report of Commission for the Legal Empowerment of the Poor
Session Description: Discuss the special role of the lawyer in effecting (and preventing) positive change.
Session 22 – Ethics in Practice
Reading Assignment: Second half of Making the Law Work for Everyone issued by The Report of Commission for the Legal Empowerment of the Poor; Tertullian, excerpt from The Military Chaplet; John Calvin, excerpt from Institutes of the Christian Religion; Martin Luther, excerpt from The Sermon on the Mount (Socratic)
Session Description: Review second half of Making the Law Work for Everyone. Discuss the Philosophy of Legal Ethics. Socratic dialogue regarding the excerpts from Tertullian, Calvin and Luther.
Statement Regarding the Incorporation of Christian Faith into the Course of Study:
The Christian faith and its tenants will be incorporated throughout the course. Class will open with prayer. Course lectures and discussions will refer to and incorporate Christian worldview for comparative purposes with the various schools of thought and ideologies addressed throughout the course. The lectures will address the application of the different concepts and ideas to Christian purposes and ideals. The lectures on morality and the law will address the efforts and practices for incorporating Christian principles and natural law into current legal systems. Christian political theology will be incorporated into the lecture on ethics.
A Course of Study
Uganda Christian University
Faculty of Law
by
Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Class Blog: http://ucujurisprudence.blogspot.com/
Syllabus
Short Description:
Students will be introduced to jurisprudential schools of thought and key jurisprudential concepts.
The class will meet twice per week for twelve weeks.
Course Evaluation system:
• 30% of your grade will be based on coursework. The Coursework grade will be based equally on class participation (10%), tutorial grade (10%) and a mid-term quiz (10%).
• The class participation grade will be based on your performance when called upon to participate in Socratic dialogues, your class attendance, your class participation over the course of the semester, and other possible assignments that may be assigned at the discretion of the lecturer to students. The key element in you overall class participation grade will be your level of preparation and you ability and willingness to participate thoughtfully in class discussions.
• The tutorial participation grade will based on your performance during the tutorial sessions in exercises such as debates, presentations and written assignments.
• The final exam will be closed book and will account for 70% of your grade.
• Per University and Department Policy you should attend 75% of all classes to be eligible to take the final examination.
Primary Text:
M.D.A. FRIEDMAN: Lloyd’s Introduction to Jurisprudence, 6th Edition, Sweet and Maxwell, London, 1994; and alternatively the 7th Edition
Required readings are taken from the following texts:
HERNANDO DESOTO: The Mystery of Capital
J.M. FINNIS: Natural Law and Natural Rights, Oxford University Press, Oxford, UK, 1980
BENJAMIN J. ODOKI : The Search for a National Consensus: The Making of the 1995 Ugandan Constitution, Fountain Publishers, Uganda, 2005
J.G. RIDDALL: Jurisprudence, Second Edition, Oxford University Press, Oxford, UK, 2005
Ugandan Law:
The Constitution of Uganda
Departed Asians Property Custodian Board v. Jaffer Bros., Supreme Court of Uganda, Civil App. No. 9 of 1998
Mungereza v. PriceWaterhouseCoopers, Supreme Court of Uganda, Civil App. No. 34 of 2001
Obbo v. Mwenda, Supreme Court of Uganda, Const. App. No. 2 of 2002
Sharon et al. v. Makerere Univ., Supreme Court of Uganda, Const. App. No. 2 of 2004
Uganda v. Peter Matouvu, High Court of Uganda, Crim. Session Case Bo. 146 of 2001
Law & Advocacy for Women in Uganda, The Constitutional Court of Uganda, April 5, 2007
Rwabinumi v. Bahimbisomwe, Court of Appeals of Uganda, No. 30 of 2007
United States Supreme Court Cases:
Grutter v. Bollinger, 539 U.S. 306 (2003)
Lawrence v. Texas, 539 U.S. 558 (2003)
Medellin v. Texas, 522 U.S. ___ (2008)
Boumediene v. Bush, 553 U.S. ____, (2008)
Roe v. Wade, 410 U.S. 558 (1973)
Republican Party of Minnesota v. White, 536 U.S. 765 (2002)
Movies:
You will be shown several movies during this course. The movies are intended to enhance the material and give you the opportunity to explore and process the subject matter of the course. The showing times for the movies will be announced to the class. You are responsible for viewing the movies over the course of the semester. The movies will be the subject matter of some of the final examination questions.
The following is a list of the movies that are likely to be shown:
“The Great Debaters”
“To Kill a Mockingbird”
“Breaker Morant”
“Amistad”
“The Passion of Joan of Arc”
“Ghandi”
Socratic Method:
Bolded reading assignments will be subject to “Socratic Method.” Under this method of instruction, Students will be called upon on at random to respond to questions regarding the bolded reading assignments. You will be graded on your preparedness and performance in responding to questions. You may be called upon more than once over the course of the semester.
Class Schedule:
Part One – Introduction
Session 1 – Course Introduction
Reading Assignment: List of Key Philosophical Terms
Session Description: Describe the course syllabus and the professor’s expectations. Conduct a preview of the material to be covered. Discuss the role that Christianity and Christian Doctrine will play. Go over list of Key Philosophical Terms.
Part Two – The Historical and Anthropological Schools of Jurisprudence
Session 2 – Historical and Anthropological Jurisprudence
Reading Assignment: Lloyds 1077-1096 (8th)
Session Description: Introduction to the Historical and Anthropological Schools of Jurisprudence.
Part Three – Marxism and Distributive Justice
Session 3 – Marxist Jurisprudence
Reading Assignment: Lloyds 837-864 (6th) or 953-979 (7th).
Session Description: Introduction to Marxism including its philosophical foundation and basic tenants.
Session 4 – Marxist Jurisprudence After Marx and Other Theories of Just Distribution
Reading Assignment: Lloyds 864-876 (6th) or 979-990 (7th), Finnis Natural Law and Natural Rights pp. 165-193.
Session Description: Discuss evolution and application of Marxist ideology after Marx. Discuss other ideologies concerning the just use and distribution of property.
Session 5 – Law, Capital, Globalization and the Developing World
Reading Assignment: Except from Hernando DeSoto’s The Mystery of Capital, Policy Discussion Papers from Land Equity Movement Uganda (LEMU)
Session Description: Discuss current ideas concerning capital, market economics, and globalization and their relation to the law and the practice of law in the developing world.
Part Four – Law and Equality
Session 6 – Feminism
Reading Assignment: Lloyds 1062-1081 and 1106-1115 (6th Ed.) or 1145-1175 (7th Ed.); Aili Mari Tripp, Women’s Movements, Customary Law, and Land Rights in Africa: The Case of Uganda, African Studies Quarterly, Vol. 7, Issue 4, 2004. Law & Advocacy for Women in Uganda v. The Attorney General, The Constitutional Court of Uganda, April 5, 2007; Objective XV and Article 33 of the Uganda Constitution.
Session Description: Introduce and discuss feminist jurisprudence with an emphasis on the four schools of feminism discussed in the Cain article. Socratic Dialogue on Law & Advocacy for Women in Uganda Case.
Session 7 – Critical Race Theory
Reading Assignment: Lloyds 1335-1342 (7th Ed. Only) and 1352-1366 (7th Ed. Only); Ricardo Rene Laremont, “Political Versus Legal Strategies for the African Slavery Reparations Movement”; Departed Asians Property Custodian Board v. Jaffer Bros., Supreme Court of Uganda, Civil App. No. 9 of 1998 (Socratic).
Session Description: Introduce and discuss critical race theory. Discuss the relevance of critical race theory in Uganda. Socratic Dialogue on the Jaffer Bros. case.
Session 8 – Affirmative Action and Collective Justice
Reading Assignment: Grutter v. Bollinger, 539 U.S. 306 (2003) (Socratic for assigned portion of case based on your name): Objectives VI and XII and Articles 32 and 33 of the Ugandan Constitution.
Session Description: Socratic Dialogue on the Grutter case. Discuss the use of affirmative action in Uganda.
Part Five – Religion and Morality in the Law
Session 9 – The Separation and Convergence of Church, Mosque and State
Reading Assignment: Objective XVIII and Articles 5 and 29 of the Ugandan Constitution; Sharon et al. v. Makerere Univ., Supreme Court of Uganda, Const. App. No. 2 of 2004 (Socratic dialogue on the Opinion of J. Odoki only);
Session Description: Discuss the historic relationship of the Christian Church and the State. Survey of Islamic Jurisprudence and special issues concerning Islamic law in the context of a pluralistic society. Socratic dialogue on the Sharon case.
Session 10 – The Possibility of a Christian Jurisprudence
Reading Assignment: Jonathan E. Maire, The Possibility of a Christian Jurisprudence, from The American Journal of Jurisprudence, Vol. 40, Notre Dame Law School, 1995 (Copies are available in the Law Library); Steven D. Smith, Our Agnostic Constitution, New York University Law Review, Volume 83, pages 120-166 (2008) (available on the Internet at:
http://legalworkshop.org/wp-content/uploads/2009/08/nyu-a20091109-smith.pdf
Session Description: Discuss the articles by Jonathan Maire and Smith.
Midterm Quiz: To be Conducted During Tutorial Session
Session 11 – Morality and the Law
Reading Assignment: J.G. Riddall: Jurisprudence, pp. 291-321 “It shouldn’t be allowed: The enforcement of morality”; R. Wacks: Understanding Jurisprudence, pp. 150-162 “Law and Morality”; Articles 52(c)(3) and 225(1)(a) of the Ugandan Constitution; Rwabinumi v. Bahimbisomwe, Court of Appeal of Uganda, Civil Appeal No. 20 of 2007 (Socratic dialogue on the Opinion of J. Twinomujuni only).
Session Description: Explore the relationship between morality and the law with a focus on the place of natural law. Socratic dialogue on the Rwabinumi case.
Session 12 – Morality and the Law, Applied
Reading Assignment: Lawrence v. Texas, 539 U.S. 558 (2003) (Socratic for assigned portion of case based on your name); Objectives V and XIX and Articles 4, 20, 21, 23, 29, 31, 37, 43 and 45 of the Constitution of Uganda.
Session Description: Extensive Socratic dialogue on the Lawrence case. Listen to portions of the Supreme Court Arguments.
Part Six – Sources of Law
Session 13 – Sources of Law in the Post-Colonial Context
Reading Assignment: Excerpts from Odoki: The Making of the 1995 Ugandan Constitution; Objectives XIV and XXIX of the Ugandan Constitution. Uganda v. Peter Matouvu, High Court of Uganda, Crim. Session Case Bo. 146 of 2001
Session Description: Lecture on where law comes from in Post-Colonial nations and how it was made. Discussion on where law should come from and how it should be made with an emphasis on the Constitution of Uganda. Socratic dialogue on the Matouvu case.
Session 14 – International Law and International Legal Standards
Reading Assignment: Medellin v. Texas, 522 U.S. ___ (2008); and Boumediene v. Bush, 553 U.S. ____, (2008) (Socratic for assigned portion of case based on your name)
Session Description: Socratic dialogue on the Medellin and Boumediene cases. Discuss the influence of international legal authority and international opinion on the United States and on Uganda.
Part Seven – Courts, Adjudication, Politics, Democracy and the Rule of Law
Session 15 – Theories of Adjudication and Alternative Dispute Dispute Resolution
Reading Assignment: Lloyds 1255-1285 (6th) 1375-1406 (7th); Mungereza v. PriceWaterhouseCoopers, Supreme Court of Uganda, Civil App. No. 34 of 2001 (Socratic)
Session Description: Lecture on theories of adjudication and alternative dispute resolution. Socratic on the Mungereza opinion.
Session 16 – Appellate Courts and the Common Law
Reading Assignment: Roe v. Wade, 410 U.S. 558 (1973) (Socratic for assigned portion of case based on your name); Articles 22 and 29 of the Ugandan Constitution.
Session Description: Extensive Socratic dialogue on the Roe case. Discuss the law regarding the sanctity of life in Uganda and potential legal challenged in light of the reasoning in Roe v. Wade and related case law.
Session 17 – Political Pressure, Freedom of Speech, Separation of Powers and the Rule of Law
John E. Jones, “Our Constitution’s Intelligent Design,” from Litigation Magazine, Volume 33, No. 3, Spring 2007, pp. 3-6, 56-57; Obbo v. Mwenda, Supreme Court of Uganda, Const. App. No. 2 of 2002 (Socratic on the Opinion of J. Malinga only)
Session Description: Discuss the proper role of Judges and the problems faced by Judges in the political climate of democracies. Socratic dialogue on the Obbo case.
Session 18 – Judges and Democracy
Reading Assignment: Selected portions of Republican Party of Minnesota v. White, U.S. (2002) (Socratic for assigned portion of case based on your name); Articles 142 through 148 of the Uganda Constitution.
Session Description: Extensive Socratic dialogue on the White case. Discussion on the political and ethical implications of different means and methods of judicial appointment and placement.
Part Eight – Return to the Ivory Tower
Session 19 – Critical Legal Studies and Postmodernism
Reading Assignment: Loyds 936-959 and 972-987 (6th) or 1041-1063 and 1073-1081 (7th), 1253-1264 (7th), (Gordon, “Law and Ideology” 1056-1063, Gabel 1073-1081
Session Description: Lecture on the key features of the Critical Legal Studies school of thought. Discuss the practical applications of Critical Legal Studies in general and by Christian lawyers. Lecture on the major tenants of Postmodernism and Postmodern Jurisprudence. Discuss the relevance of Postmodernism in Uganda.
Part Nine – Ethics and Justice
Session 20 – Corruption and Civil Disobedience
Reading Assignment: John Mukum Mbaku: “Bureaucratic Corruption in Africa: The Futility of Cleanups,” Cato Journal, Vol. 16, No. 1 (Spring/Summer 1996); J.G. Riddall: Jurisprudence, pp. 322-335 “Two bites of the cherry: Civil Disobedience”
Session Description: Discuss corruption from different jurisprudential perspectives. Review causes and effects of corruption in Uganda. Discuss strategies for addressing corruption. Discussion of civil disobedience
Session 21 – Lawyers as Agents of Change
Reading Assignment: First half of Making the Law Work for Everyone issued by The Report of Commission for the Legal Empowerment of the Poor
Session Description: Discuss the special role of the lawyer in effecting (and preventing) positive change.
Session 22 – Ethics in Practice
Reading Assignment: Second half of Making the Law Work for Everyone issued by The Report of Commission for the Legal Empowerment of the Poor; Tertullian, excerpt from The Military Chaplet; John Calvin, excerpt from Institutes of the Christian Religion; Martin Luther, excerpt from The Sermon on the Mount (Socratic)
Session Description: Review second half of Making the Law Work for Everyone. Discuss the Philosophy of Legal Ethics. Socratic dialogue regarding the excerpts from Tertullian, Calvin and Luther.
Statement Regarding the Incorporation of Christian Faith into the Course of Study:
The Christian faith and its tenants will be incorporated throughout the course. Class will open with prayer. Course lectures and discussions will refer to and incorporate Christian worldview for comparative purposes with the various schools of thought and ideologies addressed throughout the course. The lectures will address the application of the different concepts and ideas to Christian purposes and ideals. The lectures on morality and the law will address the efforts and practices for incorporating Christian principles and natural law into current legal systems. Christian political theology will be incorporated into the lecture on ethics.
Jurisprudence I Syllabus
Jurisprudence I
A Course of Study
Uganda Christian University
Faculty of Law
by
Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Class Blog: http://ucujurisprudence.blogspot.com/
Syllabus
Short Description:
Students will be introduced to jurisprudential schools of thought and key jurisprudential concepts.
The class will meet twice per week for twelve weeks.
There will be a weekly tutorial.
Course Evaluation system:
• 30% of your grade will be based on coursework. The Coursework grade will be based equally on class participation (10%), tutorial participation (10%) and a mid-term quiz (10%).
• The class participation grade will be based primarily on your performance when called upon to participate in Socratic dialogues, class attendance on Socratic dialogue days and over all class attendance. Students who participate in class at a high level and on a consistent may have their participation grade enhanced at the lecturer’s discretion.
• The method and means of establishing your tutorial participation grade is left to the discretion and judgment of the tutorial instructor.
• The final exam will be closed book and will account for 70% of your grade.
• Per University and Department Policy you should attend 75% of all classes to be eligible to take the final examination. Attendance will be taken in this class.
Primary Text:
M.D.A. FRIEDMAN: Lloyd’s Introduction to Jurisprudence, 6th Edition, Sweet and Maxwell, London, 1994; and alternatively the 7th Edition
Students are required to read the following texts:
PLATO: The Republic
H.L.A. HART: The Concept of Law
Movies:
You will be shown several movies during this course. The movies are intended to enhance the material and give you the opportunity to explore and process the subject matter of the course. The showing times for the movies will be announced to the class. You are responsible for viewing the movies over the course of the semester. The movies will be the subject matter of some of the final examination questions.
The following is a list of the movies that are likely to be shown:
Lord of the Flies
Cromwell
Socratic Method:
Bolded assignments are subject to “Socratic Method.” Students will be called upon on at random to respond to questions regarding the bolded reading assignments. You will be graded on your preparedness and performance in responding to questions. All students that regularly attend class will be provided at least one opportunity to respond to a Socratic questioning exercise. You may be called upon more than once over the course of the semester.
Class Schedule:
Part One – Introduction
Session 1 – Course Introduction
Reading Assignment: None
Session Description: In class readings from J.G. Riddall, Jurisprudence, pp. 1-16 “I hate jurisprudence”; Duncan Kennedy, “The Ideological Content of Legal Education” from Lloyds 1104-1108 (7th Ed. Only). Go over the course syllabus and the professor’s expectations. Discuss Attendance Policy. Conduct a preview of the material to be covered. Discuss the role that Christianity and Christian Doctrine will play in the course.
Part Two – Theories of Knowledge and Law
Session 2 –What is Truth? (and a tour of key terms, vocabulary and philosophers)
Reading Assignment: Excepts from the Oxford Dictionary of Philosophy
Session Description: An introduction to theories of knowledge throughout the history of philosophy. Introduction to key philosophers. Discuss the influence and impact of these theories on law.
Session 3 – What is Justice, Plato’s Republic
Reading Assignment: Plato’s Republic Books 1 and 2
Session Description: A Lecture on Plato’s Republic with class discussion
Session 4 – Plato’s Republic Continued
Reading Assignment: Plato’s Republic Books 3 and 4
Session Description: A Lecture on Plato’s Republic with class discussion
Section 5 – What is Jurisprudence?
Reading Assignment: Chapter 1 of the text in Lloyds
Session Description: A Lecture on the Assigned Readings
Session 6 – What is Law?
Reading Assignment: Chapter 2 of the text in Lloyds, plus Extract L.L. Fuller The Case of the Speluncean Explorers
Session Description: A Lecture on the Assigned Readings plus Socratic Method
Socratic on The Case of the Speluncean Explorers
Part Three – Natural Law
Session 7 – Aristotle, Cicero and Aquinas
Reading Assignment: All of Chapter 3 in in Lloyds, plus Extracts: Aristotle Nicomachean Ethics; Cicero De Re Publica; and Aquinas Summa Theologica
Session Description: A Lecture on the Assigned Readings
Session 8 – Hobbes, Locke, Rousseau, Maritain and Finnis
Reading Assignment: The following Extracts from Chapter 3 in Lloyds: Thomas Hobbes Leviathan; John Locke Two Treatises of Government; J.J. Rousseau The Social Contract; Jacques Maritain Man and the State; J. Finnis Natural Law and Natural Rights
Session Description: A Lecture on the Assigned Readings plus Socratic Method
Socratic on John Finnis Natural Law and Natural Rights
Session 9 – Recent Treatments of Natural Law
Reading Assignment: The following Extracts from Chapter 3 of the 8th Ed. of Lloyds:
M.C. Murphy Natural Law Jurisprudence, M.C. Murphy Natural Law in Jurisprudence and Politics; and K. Greenwalt How Persuasive is Natural Law Theory? and
Session Description: A Lecture on the Assigned Readings
Session 10– Natural Law Theory in Europe and Africa
Reading Assignment: Rwabinumi v. Bahimbisomwe, Court of Appeal of Uganda, Civil Appeal No. 20 of 2007; Dudgeon v. The United Kingdom, European Court of Human Rights, Strasbourg, 22 October 1981
Session Description:
Socratic on Dudgeon Case and Rwabinumi v. Bahimbisomwe, (Opinion of J. Twinomujuni only).
Part Four – Positivism and the Pure Theory of Law
Session 11 – Bentham and Austin
Reading Assignment: Chapter 4 in Lloyds, plus all Extracts from Chapter 4
Session Description: A Lecture on the Assigned Readings
Session 12 – Hans Kelsen and the Pure Theory of Law
Reading Assignment: Chapter 5 in Lloyds, plus Extract: Hans Kelsen The Pure Theory of Law and General Theory of Law and State
Session Description: A Lecture on the Assigned Readings
Session 13 – The Pure Theory of Law in Africa
Reading Assignment: Ex Parte Mutovu
Session Description: Socratic Method followed by Class Discussion
Socratic on Ex Parte Mutovo
Session 14 – Hart’s Concept of Law Part I
Reading Assignment: The Concept of Law, by H.L.A. Hart
Session Description: Lecture on the ideas of Hart with a focus on The Concept of Law.
Session 15 – Hart’s Concept of Law Part II (Chapter X and Postscript is Optional)
Reading Assignment: The Concept of Law, by H.L.A. Hart
Session Description: Lecture on Hart’s The Concept of Law continued with Socratic dialogue
Socratic on Hart’s Concept of Law
Part Five – Modern Trends in Analytical and Normative Jurisprudence
Session 16 – Raz
Reading Assignment: Text in in Chapter 6 “Raz and Reasons for Actions” and the following Extracts from Lloyds: J. Raz; Practical Reason and Norms and Authority Law and Morality; Session Description: A Lecture on the Assigned Readings
Session 17 –Posner and Nozick
Reading Assignment: Text i Chapter 6 “Nozick and the Minimal State” and “The Economic Analysis of Law,” and the following Extracts from Lloyds Eighth Ed. (To be provided by lecturer): R. Posner The Ethical and Political Basis of Wealth Maximization.
Session Description: A Lecture on the Assigned Readings and a Socratic Dialogue on the Posner Article
Socratic Class on Posner’s The Ethical and Political Basis of Wealth Maximization
Session 18 – Rawls
Reading Assignment: Text in Chapter 7 on “Rawls and Distributive Justice,” and the following Extracts from Lloyds: J. Rawls A Theory of Justice and The Law of Peoples
Session Description: A Lecture on the Assigned Readings
Part Six – Sociological Jurisprudence, American Realism and the Scandinavian Realists
Session 19 – Sociological Jurisprudence and Sociology of the Law
Reading Assignment: All of Chapter 9 in Lloyds, plus Extracts: E. Ehrlich Principles of the Sociology of Law; R. Pound Philosophy of Law
Session Description: A Lecture on the Assigned Readings
Session 20 – Sociological Jurisprudence and Sociology of the Law Applied
Reading Assignment: Roper v. Simmons, 543 U.S. 551 (2005)
Session Description: Socratic Dialogue on the Roper case
Socratic Class on Roper v. Simmons, 543 U.S. 551 (2005)
Session 21 – American Realism
Reading Assignment: All of Chapter 10 in Lloyds, plus Extracts: J. Frank Law and the Modern Mind; and K. Llewellyn Some Realism About Realism
Session Description:
Socratic Class on Llewellyn’s Some Realism About Realism
Session 22 – Scandinavian Realists and Course Review
Reading Assignment: All of Chapter 11 in Lloyds, plus Extract: Haggerstrom Inquiries into the Nature of Law and Morals
Session Description: A Lecture on the Assigned Readings and a review of the films and the course materials geared toward preparing the class for the final examination.
Statement Regarding the Incorporation of Christian Faith into the Course of Study:
The Christian faith and its tenants will be incorporated throughout the course. The class will include discussions of Jesus’ interrogation by Pilate and the narratives in the Books of Esther and Daniel. Classes will open with prayer each week. Course lectures and discussions will refer to and incorporate Christian world view for comparative purposes with the various schools of thought and ideologies addressed throughout the course. The lectures will address the application of the different concepts and ideas to Christian purposes and ideals. The lectures on natural law will have a particular focus on Judeo-Christian doctrine and world view.
A Course of Study
Uganda Christian University
Faculty of Law
by
Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Class Blog: http://ucujurisprudence.blogspot.com/
Syllabus
Short Description:
Students will be introduced to jurisprudential schools of thought and key jurisprudential concepts.
The class will meet twice per week for twelve weeks.
There will be a weekly tutorial.
Course Evaluation system:
• 30% of your grade will be based on coursework. The Coursework grade will be based equally on class participation (10%), tutorial participation (10%) and a mid-term quiz (10%).
• The class participation grade will be based primarily on your performance when called upon to participate in Socratic dialogues, class attendance on Socratic dialogue days and over all class attendance. Students who participate in class at a high level and on a consistent may have their participation grade enhanced at the lecturer’s discretion.
• The method and means of establishing your tutorial participation grade is left to the discretion and judgment of the tutorial instructor.
• The final exam will be closed book and will account for 70% of your grade.
• Per University and Department Policy you should attend 75% of all classes to be eligible to take the final examination. Attendance will be taken in this class.
Primary Text:
M.D.A. FRIEDMAN: Lloyd’s Introduction to Jurisprudence, 6th Edition, Sweet and Maxwell, London, 1994; and alternatively the 7th Edition
Students are required to read the following texts:
PLATO: The Republic
H.L.A. HART: The Concept of Law
Movies:
You will be shown several movies during this course. The movies are intended to enhance the material and give you the opportunity to explore and process the subject matter of the course. The showing times for the movies will be announced to the class. You are responsible for viewing the movies over the course of the semester. The movies will be the subject matter of some of the final examination questions.
The following is a list of the movies that are likely to be shown:
Lord of the Flies
Cromwell
Socratic Method:
Bolded assignments are subject to “Socratic Method.” Students will be called upon on at random to respond to questions regarding the bolded reading assignments. You will be graded on your preparedness and performance in responding to questions. All students that regularly attend class will be provided at least one opportunity to respond to a Socratic questioning exercise. You may be called upon more than once over the course of the semester.
Class Schedule:
Part One – Introduction
Session 1 – Course Introduction
Reading Assignment: None
Session Description: In class readings from J.G. Riddall, Jurisprudence, pp. 1-16 “I hate jurisprudence”; Duncan Kennedy, “The Ideological Content of Legal Education” from Lloyds 1104-1108 (7th Ed. Only). Go over the course syllabus and the professor’s expectations. Discuss Attendance Policy. Conduct a preview of the material to be covered. Discuss the role that Christianity and Christian Doctrine will play in the course.
Part Two – Theories of Knowledge and Law
Session 2 –What is Truth? (and a tour of key terms, vocabulary and philosophers)
Reading Assignment: Excepts from the Oxford Dictionary of Philosophy
Session Description: An introduction to theories of knowledge throughout the history of philosophy. Introduction to key philosophers. Discuss the influence and impact of these theories on law.
Session 3 – What is Justice, Plato’s Republic
Reading Assignment: Plato’s Republic Books 1 and 2
Session Description: A Lecture on Plato’s Republic with class discussion
Session 4 – Plato’s Republic Continued
Reading Assignment: Plato’s Republic Books 3 and 4
Session Description: A Lecture on Plato’s Republic with class discussion
Section 5 – What is Jurisprudence?
Reading Assignment: Chapter 1 of the text in Lloyds
Session Description: A Lecture on the Assigned Readings
Session 6 – What is Law?
Reading Assignment: Chapter 2 of the text in Lloyds, plus Extract L.L. Fuller The Case of the Speluncean Explorers
Session Description: A Lecture on the Assigned Readings plus Socratic Method
Socratic on The Case of the Speluncean Explorers
Part Three – Natural Law
Session 7 – Aristotle, Cicero and Aquinas
Reading Assignment: All of Chapter 3 in in Lloyds, plus Extracts: Aristotle Nicomachean Ethics; Cicero De Re Publica; and Aquinas Summa Theologica
Session Description: A Lecture on the Assigned Readings
Session 8 – Hobbes, Locke, Rousseau, Maritain and Finnis
Reading Assignment: The following Extracts from Chapter 3 in Lloyds: Thomas Hobbes Leviathan; John Locke Two Treatises of Government; J.J. Rousseau The Social Contract; Jacques Maritain Man and the State; J. Finnis Natural Law and Natural Rights
Session Description: A Lecture on the Assigned Readings plus Socratic Method
Socratic on John Finnis Natural Law and Natural Rights
Session 9 – Recent Treatments of Natural Law
Reading Assignment: The following Extracts from Chapter 3 of the 8th Ed. of Lloyds:
M.C. Murphy Natural Law Jurisprudence, M.C. Murphy Natural Law in Jurisprudence and Politics; and K. Greenwalt How Persuasive is Natural Law Theory? and
Session Description: A Lecture on the Assigned Readings
Session 10– Natural Law Theory in Europe and Africa
Reading Assignment: Rwabinumi v. Bahimbisomwe, Court of Appeal of Uganda, Civil Appeal No. 20 of 2007; Dudgeon v. The United Kingdom, European Court of Human Rights, Strasbourg, 22 October 1981
Session Description:
Socratic on Dudgeon Case and Rwabinumi v. Bahimbisomwe, (Opinion of J. Twinomujuni only).
Part Four – Positivism and the Pure Theory of Law
Session 11 – Bentham and Austin
Reading Assignment: Chapter 4 in Lloyds, plus all Extracts from Chapter 4
Session Description: A Lecture on the Assigned Readings
Session 12 – Hans Kelsen and the Pure Theory of Law
Reading Assignment: Chapter 5 in Lloyds, plus Extract: Hans Kelsen The Pure Theory of Law and General Theory of Law and State
Session Description: A Lecture on the Assigned Readings
Session 13 – The Pure Theory of Law in Africa
Reading Assignment: Ex Parte Mutovu
Session Description: Socratic Method followed by Class Discussion
Socratic on Ex Parte Mutovo
Session 14 – Hart’s Concept of Law Part I
Reading Assignment: The Concept of Law, by H.L.A. Hart
Session Description: Lecture on the ideas of Hart with a focus on The Concept of Law.
Session 15 – Hart’s Concept of Law Part II (Chapter X and Postscript is Optional)
Reading Assignment: The Concept of Law, by H.L.A. Hart
Session Description: Lecture on Hart’s The Concept of Law continued with Socratic dialogue
Socratic on Hart’s Concept of Law
Part Five – Modern Trends in Analytical and Normative Jurisprudence
Session 16 – Raz
Reading Assignment: Text in in Chapter 6 “Raz and Reasons for Actions” and the following Extracts from Lloyds: J. Raz; Practical Reason and Norms and Authority Law and Morality; Session Description: A Lecture on the Assigned Readings
Session 17 –Posner and Nozick
Reading Assignment: Text i Chapter 6 “Nozick and the Minimal State” and “The Economic Analysis of Law,” and the following Extracts from Lloyds Eighth Ed. (To be provided by lecturer): R. Posner The Ethical and Political Basis of Wealth Maximization.
Session Description: A Lecture on the Assigned Readings and a Socratic Dialogue on the Posner Article
Socratic Class on Posner’s The Ethical and Political Basis of Wealth Maximization
Session 18 – Rawls
Reading Assignment: Text in Chapter 7 on “Rawls and Distributive Justice,” and the following Extracts from Lloyds: J. Rawls A Theory of Justice and The Law of Peoples
Session Description: A Lecture on the Assigned Readings
Part Six – Sociological Jurisprudence, American Realism and the Scandinavian Realists
Session 19 – Sociological Jurisprudence and Sociology of the Law
Reading Assignment: All of Chapter 9 in Lloyds, plus Extracts: E. Ehrlich Principles of the Sociology of Law; R. Pound Philosophy of Law
Session Description: A Lecture on the Assigned Readings
Session 20 – Sociological Jurisprudence and Sociology of the Law Applied
Reading Assignment: Roper v. Simmons, 543 U.S. 551 (2005)
Session Description: Socratic Dialogue on the Roper case
Socratic Class on Roper v. Simmons, 543 U.S. 551 (2005)
Session 21 – American Realism
Reading Assignment: All of Chapter 10 in Lloyds, plus Extracts: J. Frank Law and the Modern Mind; and K. Llewellyn Some Realism About Realism
Session Description:
Socratic Class on Llewellyn’s Some Realism About Realism
Session 22 – Scandinavian Realists and Course Review
Reading Assignment: All of Chapter 11 in Lloyds, plus Extract: Haggerstrom Inquiries into the Nature of Law and Morals
Session Description: A Lecture on the Assigned Readings and a review of the films and the course materials geared toward preparing the class for the final examination.
Statement Regarding the Incorporation of Christian Faith into the Course of Study:
The Christian faith and its tenants will be incorporated throughout the course. The class will include discussions of Jesus’ interrogation by Pilate and the narratives in the Books of Esther and Daniel. Classes will open with prayer each week. Course lectures and discussions will refer to and incorporate Christian world view for comparative purposes with the various schools of thought and ideologies addressed throughout the course. The lectures will address the application of the different concepts and ideas to Christian purposes and ideals. The lectures on natural law will have a particular focus on Judeo-Christian doctrine and world view.
"Why Do Bad Things Happen to Good People" Vignette from Introduction to the Bible for Lawyers Textbook
Why do bad things happen to good people?
Job was a very good man. God described Job as “blameless and upright, a man who fears God and shuns evil.” (Job 1:8) Yet Job suffered an horrendous time of trials and tribulations. Job was stripped of his wealth, his children died, and his body became covered in boils. Moreover, his hardships were not the product of his own doing.
The Book of Job poses the difficult question: Why do bad things happen to good people?
For many the fact that good people suffer and the wicked prosper is proof of the non-existence of God. For others the suffering of good people causes them to be ambivalent to God. These people choose not to pursue or worship an omnipotent God that would allow undeserved suffering to take place.
In the Book of Job, Job’s companions claim that Job must have done something to warrant his trials and tribulations. The companions confront Job for failing to acknowledge that his sufferings are deserved. Job claims that he has committed no act that warrants his tribulations. In this regard, Job is correct and his accusers are wrong.
The fickle nature of good fortune on earth is not limited to the Book of Job. The prophet Jeremiah wondered “why do the wicked prosper?” (Jeremiah 12:1) Jesus noted that the “rain falls on both the just and the unjust.” (Matthew 5:45)
In his books Where is God When it Hurts and Disappointment with God Christian author Philip Yancey addresses these ancient questions concerning justice and fairness on earth.
According to Yancey the Christian World View can be encapsulated in three part process: 1) Creation is good, 2) Creation has fallen, and 3) God’s Creation will be redeemed. Therefore, there will be tragedy and hardship in this fallen world. However, when bad things happen Christians must remember that our God has the power to redeem.
On April 16, 2007 at Virginia Tech University in the United States a disturbed student went on a shooting rampage killing 33 students, staff and faculty. Philip Yancey was asked to give a speech to the mourning University community. At the speech Yancey said the following:
I would like to promise you an end to pain and grief, a guarantee that you will never again hurt as you hurt now. I cannot. I can, however, stand behind the promise that the apostle Paul made in Romans 8, that all things can be redeemed, can work together for your good. In another passage, Paul spells out some of the things he encountered, which included beatings, imprisonment, and shipwreck. As he looked back, he could see that somehow God had redeemed even those crisis events in his life.
"No, in all these things we are more than conquerors through him that loved us," Paul concluded. "For I am convinced that neither death nor life, neither angels nor demons, neither the present nor the future, nor any powers, neither height nor depth, nor anything else in all creation, will be able to separate us from the love of God that is in Christ Jesus our Lord." (Quoting Romans 8:39) God's love is the foundational truth of the universe.
The ultimate redemption in human history is Christ’s death on the cross.
As Jesus was on the cross he quoted Psalms 22 by calling out “My God My God why have you forsaken me?” On the surface Christ’s death on the cross was an unexplainable injustice. However, Christ’s death is the greatest act of redemption is all of history.
The drama in the Book of Job culminates with the appearance of God as a whirlwind in Chapter 38. Here God answers the ongoing debate as to his justice by saying “who is this that darkens my counsel with words without knowledge? Brace yourself like a man; I will question you and you shall answer me.” Certainly the Book of Job teaches us that we must walk humbly before our God when it comes to issues of justice and fairness.
However, the Book of Job also includes a prophecy regarding the redemptive power of Christ. In the midst of his trials and tribulations Job states “I know that my Redeemer lives.” (Job 19: 26) If Job is the actually the oldest book in the Bible, as many Biblical scholars contend, this statement is arguably the oldest written prophecy of Christ in the Bible.
If we remember that the God speaking from the whirlwind is the same triune God that suffered and died on the cross it should transform our perceptions and understanding. We cannot always know why bad things happen to good people, but we know that our Redeemer lives.
Job was a very good man. God described Job as “blameless and upright, a man who fears God and shuns evil.” (Job 1:8) Yet Job suffered an horrendous time of trials and tribulations. Job was stripped of his wealth, his children died, and his body became covered in boils. Moreover, his hardships were not the product of his own doing.
The Book of Job poses the difficult question: Why do bad things happen to good people?
For many the fact that good people suffer and the wicked prosper is proof of the non-existence of God. For others the suffering of good people causes them to be ambivalent to God. These people choose not to pursue or worship an omnipotent God that would allow undeserved suffering to take place.
In the Book of Job, Job’s companions claim that Job must have done something to warrant his trials and tribulations. The companions confront Job for failing to acknowledge that his sufferings are deserved. Job claims that he has committed no act that warrants his tribulations. In this regard, Job is correct and his accusers are wrong.
The fickle nature of good fortune on earth is not limited to the Book of Job. The prophet Jeremiah wondered “why do the wicked prosper?” (Jeremiah 12:1) Jesus noted that the “rain falls on both the just and the unjust.” (Matthew 5:45)
In his books Where is God When it Hurts and Disappointment with God Christian author Philip Yancey addresses these ancient questions concerning justice and fairness on earth.
According to Yancey the Christian World View can be encapsulated in three part process: 1) Creation is good, 2) Creation has fallen, and 3) God’s Creation will be redeemed. Therefore, there will be tragedy and hardship in this fallen world. However, when bad things happen Christians must remember that our God has the power to redeem.
On April 16, 2007 at Virginia Tech University in the United States a disturbed student went on a shooting rampage killing 33 students, staff and faculty. Philip Yancey was asked to give a speech to the mourning University community. At the speech Yancey said the following:
I would like to promise you an end to pain and grief, a guarantee that you will never again hurt as you hurt now. I cannot. I can, however, stand behind the promise that the apostle Paul made in Romans 8, that all things can be redeemed, can work together for your good. In another passage, Paul spells out some of the things he encountered, which included beatings, imprisonment, and shipwreck. As he looked back, he could see that somehow God had redeemed even those crisis events in his life.
"No, in all these things we are more than conquerors through him that loved us," Paul concluded. "For I am convinced that neither death nor life, neither angels nor demons, neither the present nor the future, nor any powers, neither height nor depth, nor anything else in all creation, will be able to separate us from the love of God that is in Christ Jesus our Lord." (Quoting Romans 8:39) God's love is the foundational truth of the universe.
The ultimate redemption in human history is Christ’s death on the cross.
As Jesus was on the cross he quoted Psalms 22 by calling out “My God My God why have you forsaken me?” On the surface Christ’s death on the cross was an unexplainable injustice. However, Christ’s death is the greatest act of redemption is all of history.
The drama in the Book of Job culminates with the appearance of God as a whirlwind in Chapter 38. Here God answers the ongoing debate as to his justice by saying “who is this that darkens my counsel with words without knowledge? Brace yourself like a man; I will question you and you shall answer me.” Certainly the Book of Job teaches us that we must walk humbly before our God when it comes to issues of justice and fairness.
However, the Book of Job also includes a prophecy regarding the redemptive power of Christ. In the midst of his trials and tribulations Job states “I know that my Redeemer lives.” (Job 19: 26) If Job is the actually the oldest book in the Bible, as many Biblical scholars contend, this statement is arguably the oldest written prophecy of Christ in the Bible.
If we remember that the God speaking from the whirlwind is the same triune God that suffered and died on the cross it should transform our perceptions and understanding. We cannot always know why bad things happen to good people, but we know that our Redeemer lives.
"Property and Poverty" Vignette from Introduction to the Bible for Lawyers Textbook
Property and Poverty
It is common in today’s culture to equate Western style capitalism with Christianity. However, those who want to equate capitalism with Christianity often struggle to show that God endorses such economic policies.
In his best-selling book Rich Christians in an age of Hunger Ronald J. Sider contends that modern capitalist and materialistic philosophies are not synonymous with Biblical teaching. Sider’s task proves to be a fairly easy one as the Bible is full of passages that show God’s concern for the poor and His disdain for economic oppression.
Consider the following passages from the Old Testament:
“If you truly execute justice with one another, if you do not oppress the alien, the fatherless, the widow ... and if you do not go after other gods to your own hurt, then I will dwell in this place, in the land that I gave of old to your fathers for ever.” (Jeremiah 7:5-7)
“The victim commits himself to you; you are the helper of the fatherless ... You hear, Oh Lord, the desire of the afflicted .... defending the fatherless and the oppressed, in order that man, who is of the earth, may terrify no more. (Psalm 10:14-18)
“You trample the poor and force him to give you grain. Therefore, though you have built stone mansions, you will not live in them; though you have planted lush vineyards, you will not drink their wine. For I know how many are your offences and how great your sins.” (Amos 5:11-12)
God’s heart for the poor is also clearly stated in the New Testament.
Jesus reads the following passage from Isaiah to describe his Gospel ministry “(t)he Spirit of the Lord is upon me, because he has anointed me to preach good news to the poor.” (Luke 4:18)
Jesus specially blesses the poor during the Sermon on the Mount. “Blessed are you poor, for your is the kingdom of God.” (Luke 6:20.
Concerning the rich, Jesus said “How hard it is for the rich to enter the kingdom of God! Indeed, it is easier for a camel to go through the eye of the needle than for a rich man to enter the kingdom of God.” (Luke 18:24-25)
James the brother of Jesus writes “Has not God chosen the poor in the world to be rich in faith and to be heirs of the kingdom he has promised to those who love him?” (James 2:5)
The Bible goes beyond condemnation for the rich and encouragement of the poor. The Bible includes economic policies intended to uplift and sustain the poor.
In the Pentateuch, God establishes laws designed to check and limit the uneven distribution of wealth among the ancient Hebrews. The two most striking instances of God’s anti-poverty policies are found in Leviticus 25 and in Deuteronomy 15.
In Leviticus 25, God sets out the requirements for the Year of Jubilee. Under this mandate one out of every 50 years is consecrated as the Year of Jubilee. During the Year of Jubilee liberty is proclaimed across the land, slaves are freed, and land is returned to all original owners who are too poor to redeem their land.
In Deuteronomy 15, God provides that all debts are to be cancelled every seven years. The influence of this provision can be seen modern bankruptcy codes which only permit individuals to file for bankruptcy once every seven years.
As a future advocates you must be ever mindful of your obligation not to oppress the poor and not to be ruled by a desire for wealth. The following passage from Proverbs is particularly noteworthy for future advocates: “Do not exploit the poor because they are poor and do not crush the needy in court, for the Lord will take up their cause and will plunder those who plunder them.” (Proverbs 22:22)
Advocates will face situations where they represent clients that can afford the services of a lawyer against people who can only afford to represent themselves. As Christians we cannot be party to the abuse of the poor and the disadvantaged. We must always seek justice in all contexts.
Being an Advocate in an age of poverty presents great challenges. By turning to God’s word you will be armed with right instruction to guide you in facing these challenges.
It is common in today’s culture to equate Western style capitalism with Christianity. However, those who want to equate capitalism with Christianity often struggle to show that God endorses such economic policies.
In his best-selling book Rich Christians in an age of Hunger Ronald J. Sider contends that modern capitalist and materialistic philosophies are not synonymous with Biblical teaching. Sider’s task proves to be a fairly easy one as the Bible is full of passages that show God’s concern for the poor and His disdain for economic oppression.
Consider the following passages from the Old Testament:
“If you truly execute justice with one another, if you do not oppress the alien, the fatherless, the widow ... and if you do not go after other gods to your own hurt, then I will dwell in this place, in the land that I gave of old to your fathers for ever.” (Jeremiah 7:5-7)
“The victim commits himself to you; you are the helper of the fatherless ... You hear, Oh Lord, the desire of the afflicted .... defending the fatherless and the oppressed, in order that man, who is of the earth, may terrify no more. (Psalm 10:14-18)
“You trample the poor and force him to give you grain. Therefore, though you have built stone mansions, you will not live in them; though you have planted lush vineyards, you will not drink their wine. For I know how many are your offences and how great your sins.” (Amos 5:11-12)
God’s heart for the poor is also clearly stated in the New Testament.
Jesus reads the following passage from Isaiah to describe his Gospel ministry “(t)he Spirit of the Lord is upon me, because he has anointed me to preach good news to the poor.” (Luke 4:18)
Jesus specially blesses the poor during the Sermon on the Mount. “Blessed are you poor, for your is the kingdom of God.” (Luke 6:20.
Concerning the rich, Jesus said “How hard it is for the rich to enter the kingdom of God! Indeed, it is easier for a camel to go through the eye of the needle than for a rich man to enter the kingdom of God.” (Luke 18:24-25)
James the brother of Jesus writes “Has not God chosen the poor in the world to be rich in faith and to be heirs of the kingdom he has promised to those who love him?” (James 2:5)
The Bible goes beyond condemnation for the rich and encouragement of the poor. The Bible includes economic policies intended to uplift and sustain the poor.
In the Pentateuch, God establishes laws designed to check and limit the uneven distribution of wealth among the ancient Hebrews. The two most striking instances of God’s anti-poverty policies are found in Leviticus 25 and in Deuteronomy 15.
In Leviticus 25, God sets out the requirements for the Year of Jubilee. Under this mandate one out of every 50 years is consecrated as the Year of Jubilee. During the Year of Jubilee liberty is proclaimed across the land, slaves are freed, and land is returned to all original owners who are too poor to redeem their land.
In Deuteronomy 15, God provides that all debts are to be cancelled every seven years. The influence of this provision can be seen modern bankruptcy codes which only permit individuals to file for bankruptcy once every seven years.
As a future advocates you must be ever mindful of your obligation not to oppress the poor and not to be ruled by a desire for wealth. The following passage from Proverbs is particularly noteworthy for future advocates: “Do not exploit the poor because they are poor and do not crush the needy in court, for the Lord will take up their cause and will plunder those who plunder them.” (Proverbs 22:22)
Advocates will face situations where they represent clients that can afford the services of a lawyer against people who can only afford to represent themselves. As Christians we cannot be party to the abuse of the poor and the disadvantaged. We must always seek justice in all contexts.
Being an Advocate in an age of poverty presents great challenges. By turning to God’s word you will be armed with right instruction to guide you in facing these challenges.
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