TRN172Y1: Ethics and the Law
COURSE DESCRIPTION
In this course we examine the relationship between morality and the law. The course starts with the fundamental question: if something is morally wrong, should it therefore be illegal? It turns out this is a really hard question to answer without drawing in some theories about ethics, democracy, and justice. Once we have a handle on how people have thought about this question historically we then turn to contemporary issues where morality and the law intersect. The goal of the course is to allow students to form their own foundational beliefs, and to engage with different perspectives and sometimes opposing points of view. Students will produce several papers over the course of the year, and will develop their argumentative writing skills in addition to in-class discussion.
Breadth Requirements: 0.5 FCE 2) Thought, Belief and Behaviour + 0.5 FCE 3) Society and Its Institutions
HOW WILL I BE EVALUATED?
In this class, you will be required to write essays that ask you to synthesize some of the ideas of the thinkers you’ve examined in the context of a specific legal or ethical issue. Remember, your job is not to summarize the work of legal thinkers, but to develop your own perspective. Participation in this class is heavily weighted.
Note: Assignments can vary year to year.
WHAT WILL I GAIN FROM THIS COURSE?
Students will read fundamental works in legal theory and political philosophy that discuss the connection between ethics and the law. Students will learn how to read and analyze historical and contemporary case law; they will come to identify the legal traditions at work in significant court decisions. Moreover, students will be asked to consider the ethical considerations that judges, lawyers, and lawmakers face in their professional roles.
FREQUENTLY ASKED QUESTIONS
How should I prepare for this course?
You are not expected to come to this course with any previous knowledge of course material! That means you do not need to be an expert in law or political philosophy to take this course. That being said, in the months before this course it may be helpful to start paying attention to notable legal decisions that are discussed in the news. This might give you a sense of some of the content that might be addressed in the course. You could also check out the Canadian Legal Information Institute (CanLii) to get a sense of how case law is formatted!
What should I know before starting this course?
The course texts will be difficult! Chances are, you will encounter ideas and language that you may not have encountered before. Take the time to read and re-read the readings you’re assigned. Mark up the readings and underline ideas/words you don’t understand. Talk to your classmates about the main arguments of the reading before each class.
What if I'm nervous about speaking in class?
Because this course lasts a full year, you have lots of opportunity to develop the ability to speak in front of your peers. This might take a couple weeks, but once you start to develop a level of familiarity with your professor and classmates, the prospect of sharing your ideas won’t seem so daunting. If you’re feeling uncomfortable about sharing, speak to the professor before each class for some advice about how to contribute.
2023-2024 COURSE INSTRUCTOR
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 Michael Kessler, PhD
Trinity One Program Director, Raymond Pryke Chair
Email: mkessler@trinity.utoronto.ca
Michael Kessler is an Assistant Professor in the Ethics, Society, & Law program at Trinity College. He was an undergraduate at the University of Toronto where he studied philosophy before moving to Harvard University for his doctoral studies. His research interests are in philosophy of law, bioethics, and criminal justice. In his spare time he spends a lot of time on bikes and with dogs. |
