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.