Philosophical Studies – Understanding Law and Justice
| Instructor | Byung-Sun Oh | Cedit | 2 |
| Session | 1 Session | ||
| ohbyungs@sogang.ac.kr | |||
| Introduction | Introductory course for studying subjects of social science and law, or any combining enquiry into the issues of law and philosophy | ||
Course information
| COURSE DESCRIPTION & GOALS | This course is designed to foster students with acquiring critical mind and analytical skill in understanding the issues of law and justice in contemporary society. Law exists as an essential
mechanism of social structuring and operation, but it needs to be underpinned by the institutional principle of the rule of law. Law is required to function properly in the context of pursuing justice and the common good. This course aims at showing students how conflict of interests as well as dispute settlement is moderated through law. Further it wants students to understand how tensions between positive law and ideal value of justice is treated and posed a most perennial problem in the society. |
| PREREQUISITE | None |
| COURSE REQUIREMENTS | None |
| GRADING POLICY | Grading is based on three components of student performance: Attendance of class, Presentation of assigned topics and participation in the discussion, End of term examination. The ratio of each component is respectively 10%, 20%, and 70%. |
| TEXTS & REFERENCES | No designated texts, but following books are useful to read and relevant to the topics of course; Some photocopied articles and reading materials will be provided during the course.
1. David Adams, Philosophical Problems in the Law, 5th Edition, Wadsworth, 2012 2. Brian Bix, Jurisprudence: Theory and Context, 7th Edition, Carolina Academic Press, 2015 3. Brian Tamanaha, On the Rule of Law, Cambridge University Press, 2004 4. Christian Tomuschat, Human Rights: Between Idealism and Realism, 2nd Edition, Oxford University Press, 2008 5. Michael Sandel, Justice: What’s the Right Thing to Do? Farrar, Straus and Giroux, 2010 |
| INSTRUCTOR’S PROFILE | Mr. Byung-Sun Oh is currently a professor emeritus at Sogang University Law School in Seoul, South Korea; He has had more than 30 years of teaching experience in the subjects of jurisprudence and international law; His educational background is both domestic and international, LL.B. in Seoul National University College of Law, LL.M. in Columbia University Law School in USA, Ph.D. in University of Edinburgh Faculty of Law in UK. |
Weekly schedule
| WEEK (Period) | WEEKLY TOPIC & CONTENTS | COURSE MATERIAL & ASSIGMENT | NOTES |
| 1 | 1. Struggle for Rights, Recognizing Rights to Have Rights, Protection of Legal Remedy
2. Human Rights: Liberty, Equality, and Solidarity, Justification of Human Rights: Contour and Limit 3. Rule by Law vs. Rule of Law, Repressive Law vs. Responsive Law, The Rule of Law Equation: Equality before the law, Transparency of law, Independence of judiciary, Access to legal remedy 4. Legal Justice vs. Social Justice, Justice according to law 5. Legal interpretation, limits of law, law and morality |
Relevant cases and reading materials will be announced and assigned. | |
| 2 | 1. Justice, various approaches to justice, deontological, utilitarian, teleological
2. Components of Justice: Entitlement, Deserts, Needs 3. Reward and Punishment as Pillars of Social Structuring and Administering Mechanism 4. Punishment and Its Justification, Retribution, Utility, and Compromise theories, Issues of Restorative Justice 5. Justice and the Common Good, Inter-generational equity, International Law and Justice |
Relevant cases and reading materials will be announced and assigned. |
