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Phil 571: Ecological Jurisprudence
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Office: Morrill Hall 407A (885-5761), dlind@uidaho.edu Office Hours: W, 10:00-12:00 & By Appointment Fall 2004, Meeting Time: T, 6:30 - 9:00, Morrill Hall 402 This course will explore the nature of law at the intersection of nature and culture. We will begin by considering the cultural dependency of law – whether the structure and content of law is culturally dependent or universal and independent of origin and background. From there, we will examine the general nature of law as viewed throughout Western jurisprudential history, placing particular emphasis on the concept of property. From there the course turns to challenges to that Western framework that charge it with cultural hegemony and exploitation. The challenges begin within Western culture with the philosophy of Karl Marx. We then move outside the West to contemporary writings drawn mainly from African and American Indian perspectives. Throughout, the course will consider influences from the philosophy of pragmatism. The course will follow a seminar format, requiring substantial class participation, and be writing intensive. Required Texts Primary Texts: J.M. Coetzee, Waiting for the Barbarians (New York: Vintage Books, 2000) Calestous Juma and J.B. Ojwang, In Land We Trust: Environment, Private Property and Constitutional Change (Nairobi: Initiatives Publishers; London: Zed Books, 1996) Vine Deloria, Jr., Behind the Trail of Broken Treaties: An Indian Declaration of Independence (New York: Dell Publishing Co., 1974) Jomo Kenyatta, Facing Mt. Kenya (New York: Vintage Books, 1965) Karl N. Llewellyn and E. Adamson Hoebel, The Cheyenne Way (Norman: University of Oklahoma Press, 1941) John Locke, The Second Treatise of Government (1690; Indianapolis: Bobbs-Merrill, 1952) Karl Marx, Economic and Philosophic Manuscripts of 1844, trans. Martin Milligan (Amherst, NY: Prometheus Books, 1988) Linda S. Parker, Native American Estate: The Struggle over Indian and Hawaiian Lands (Honolulu: University of Hawai‘i Press, 1989) Petra T. Shattuck and Jill Norgren, Partial Justice: Federal Indian Law in a Liberal Constitutional System (Providence: Berg Publishers, Inc., 1991) Francisco de Vitoria, Political Writings, ed. Anthony Pagden and Jeremy Lawrance (New York: Cambridge University Press, 1991). Secondary Texts (on reserve or online): John Austin, The Province of Jurisprudence Determined (New York: Cambridge University Press, 1985) Code of Hammurabi, http://www.wsu.edu/~dee/MESO/CODE.HTM John Dewey, “Anthropology and Law” Clifford Geertz, The Interpretation of Cultures (New York: Basic Books, 1973) Ludwig Wittgenstein, Philosophical Occasions, 1912-1951, ed. James Klagge and Alfred Nordmann (Indianapolis: Hackett Publishing Co., 1993) Schedule of Readings Week 1 Introduction
Week 2 Coetzee, Waiting for the Barbarians
Week 3 Wittgenstein, “Remarks on Frazer’s Golden Bough,” in Philosophical Occasions Geertz, The Interpretation of Cultures, Chap. 1-3, 11
Week 4 Dewey, “Anthropology and Law” Llewellyn and Hoebel, The Cheyenne Way, Chap. 2 & 3 Pound, An Introduction to the Philosophy of Law, Chap. 1 & 2
Week 5 Code of Hammurabi Vitoria, Political Writings , “On Law: Lectures on ST I-II. 90-105”
Week 6 Austin, The Province of Jurisprudence Determined, Chap. 1, 2, & 6
Week 7 Locke, Second Treatise of Government, Chap. I-V, IX Pound, An Introduction to the Philosophy of Law, Chap. 5
Week 8 Marx, Economic and Philosophic Manuscripts of 1844, Pp. 19-52, 69-84, 99-114, 165-168
Week 9 Vitoria, Political Writings , “On the American Indians” Shattuck and Norgren, Partial Justice (entire book)
Week 10 Llewellyn and Hoebel, The Cheyenne Way, Chap. 8 Parker, Native American Estate, Chap. 1-4
Week 11 Llewellyn and Hoebel, The Cheyenne Way, Chap. 10-12 Parker, Native American Estate, Chap. 5-9
Week 12 Deloria, Behind the Trail of Broken Treaties (entire book)
Week 13 Juma and J.B. Ojwang, In Land We Trust, Chap. 12 Ojwang with Juma, “Towards Ecological Jurispruence,” Kenyatta, Facing Mt. Kenya, Chap. 1 & 2
Week 14 Juma and J.B. Ojwang, In Land We Trust, Chap. 9 Lenaola, Jenner, and Wichert, “Land Tenure in Pastoral Lands” Juma and J.B. Ojwang, In Land We Trust, Chap. 11 Okoth-Owiro with Juma, “Property Rights, Medicinal Plants and Indigenous Knowledge”
Week 15 Juma and J.B. Ojwang, In Land We Trust, Chap. 13 Orie, “Constitutional Arrangements for Environment and Development” Juma and J.B. Ojwang, In Land We Trust, Chap. 14 Juma, “Private Property, Environment and Constitutional Change”
Course Requirements Short Essays 50 Points Term Paper 40 Points Presentation 40 Points Participation 28 Points Final Exam 40 Points
Total 198 Points
Short Essays Twenty five percent of the grade for this course will be based on Five (5) Short Essays. These essays are limited to one (1) page single-spaced, and are worth ten (10) points each. They should be carefully written, philosophically thoughtful, and well-argued essays on the readings for the week. I will grade the essays for substantive content, for care in preparation (grammar, spelling, punctuation), and for evidence of reflective consideration of the assigned readings. Essays are due at the beginning of class, Tuesday evenings, and may only be submitted in class. I will not accept essays submitted after class, essays submitted by email, essays submitted on behalf of another student, or essays submitted by a student who does not remain for the class. Students have full discretion over which 5 of the semester’s 14 weeks (not including Week 1) they submit their essays. No student may submit for credit more than 5 essays.
Term Papers The Term Paper required for this course should be approximately 20 pages in length. It should take the form of a philosophical, argumentative essay. I will grade the term papers on research quality, reasonableness and creativeness of thesis, soundness of argumentation, and overall plausibility, as well as grammatical quality (including spelling and punctuation). Developing a paper topic is each student’s responsibility. The range of topics is open, restricted only by relevance to the subject-matter of the course. This paper assignment requires research in secondary sources beyond the texts required for the course. Term papers are due Tuesday, May 13. They will count for 40 points, forty percent of the course grade.
Participation Ten percent of the grade for this course will be based on participation. Participation credit is calculated at the end of each class, based on a scale of 0, 1, or 2, points. 0 points = not present in class, or if present, not attentively present 1 point = present and attentive, but not an active participant in the class discussion 2 points = present and attentive, and active in class discussion At semester’s end, the total points (accumulated from 14 weeks (no credit for week 1) are added.
Attendance, Due Dates, & Academic Honesty Attendance: Regular attendance is essential to successful student performance in this course. I will only accept Short Essays from students who are present in class. And, obviously, you must be present in class to participate in the class discussions, which is expected and factors in your grade.
Due Dates: As stated above, the Short Essays are due at the Tuesday class meetings, and may only be submitted in class. Late essays will not be accepted, nor will essays that are submitted by another student or by email. Term papers will be accepted after the Due Date (Tuesday, May 13), but will be down-graded as follows: 1st Day late Minus 3 points 2nd Day late Minus 2 points Each additional day late Minus 1 point In counting the number of days a paper is late, all days count, including weekends and holidays.
Academic Honesty: It is the policy of the Philosophy Department to refer all instances of suspected academic dishonesty to the Student Judicial Council.
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