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Law, Letters, and Society

Program Chairman: Dennis J. Hutchinson, LBQ 411, 702-9575

Secretary: Delores Jackson, C 330, 702-7148

Program of Study

The program in Law, Letters, and Society is concerned with law in civilian and customary legal systems, both historically and contemporaneously. The program is designed to develop the student's analytical skills to enable informed and critical examination of law broadly construed. The organizing premise of the program is that law is a tool of social organization and control, not simply an expression of will or aspiration, and that it is best understood by careful study of both rhetorical artifacts and empirical consequences of its application. Program requirements are constructed to support the organizing premise, and, because of the nature of the requirements, transfer students--other than those entering as sophomores--ordinarily are not eligible to register as concentrators.

The program requires course work in three areas, although there is a reasonably broad latitude both expected and permitted in satisfaction of the distributional requirement. There is a substantial writing requirement; candidates for special honors are expected to produce further written work under the close supervision of a faculty member whose area of scholarly concern is related to the broad objectives of the program.

Program Requirements

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Course work is required in three areas. After successfully completing the Introductory Course, students must take two courses in Letters and two courses in Society. In addition, students must complete six other courses that, while not necessarily offered or listed formally under either rubric, are substantively supportive of the topics, areas, skills, or concerns of the two areas. Courses satisfying the additional requirement are identified on an annual basis, and final approval of additional required course work is made on the basis of consultations between the student and the program chairman.

The Introductory Course. The introductory course must precede all other course work in the concentration, because it establishes the intellectual moorings of the program. The importance of the introductory course lies not in its content--indeed, its precise focus and scope tends to be different every year--but on its approach to the nature of law. In 1995-96, for example, the introductory course is Legal Reasoning, a study, based primarily on cases, of the classic conventions of legal argument in the Anglo-American legal system. In other years, the introductory course might be Roman Law or Greek Law, Medieval Law, or a text-based course on ancient legal philosophy, or a comparison of modern legal categories and policies with those of former societies and cultures. The objective is not so much to establish a historical foundation for modern studies as to demonstrate that legal systems are culturally rooted; that urgent, presentist concerns may obscure important characteristics of legal ideas and behavior; and that many recurrent themes in Western legal thought are shaped or driven by both common and uncommon features. Unlike many legal studies programs that attempt to orient study of the law in primarily contemporary debates, usually in the field of American constitutional law, the program seeks to organize its exploration of law as a system rather than as a forum or an instrument.

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Other Course Work. After completing the introductory course, students must take two courses each in the Letters and Society divisions of the program, plus six other courses complementary to the required work, as outlined above (the other six courses may be ones cross-listed in the program or may be from other disciplines). Letters and Society are not meant as fixed or self-defining fields, but instead as organizational categories emphasizing two fundamental modes of examining law in a systemic fashion. Courses under the rubric of Letters--whether based in the program or in English, philosophy, or political theory--tend to be based on the study of literary and historical artifacts such as cases, tracts, conventional literature, or other texts, and emphasize the ways in which law formally constitutes itself. Questions of interpretative and normative theory, rhetorical strategy, and the like are central to such courses. Society serves to organize studies from a variety of different disciplines--including history, political science, economics, and sociology--that try to measure, with different techniques and at different times, the effect of law on society. The combined objective is to treat law as an intellectual activity and as a phenomenon, and to emphasize that both occur in contexts that help to shape them--whether ancient or modern.

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Research. In addition to satisfying the course requirements, each concentrator must produce evidence of sustained research in the form of two substantial papers. Normally, this requirement is satisfied during the junior and senior years by papers prepared on the basis of work done in conjunction with courses offered in the program (although the paper may or may not be part of the routine requirements of the course). The scope, method, and objective of the paper, as well as its length, are subject to negotiation between the student and the instructor.

Summary of Requirements

Concentration 1 Introductory Course

2 Letters courses

2 Society courses

6 other complementary courses

11 (total)

Honors. In Law, Letters, and Society, the primary requirement for honors is a distinguished senior paper. After completion of the first half of the writing requirement in the junior year in conjunction with regular course work, the student chooses an instructor to decide mutually whether the student does research and submits a paper for honors. Papers submitted pursuant to such agreements are examined by a second reader, who must agree with the primary instructor that special honors are merited. No formal grade requirement supplements these conditions.

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Reading and Research Courses. For students with a legitimate interest in pursuing study that cannot be met by means of regular courses, there is an option of devising a reading and research course to be supervised by a member of the faculty and graded, like other NCD 298 courses, on a Pass/Fail basis. Such courses may not be used to satisfy the requirements of either the two-course Letters or two-course Society requirements, but up to two such courses may be used to satisfy part of the other six required courses, with the written permission of the program chairman obtained in advance of initiation of the work.

Grading. Two of the six supplementary courses required in the program may, with the consent of the instructor, be taken on a Pass/No Credit basis.

Advising. Students who wish to concentrate in Law, Letters, and Society should notify their College adviser during the spring quarter of their freshman year, at which time the students arrange to consult with the program chairman on their course of study in the program. Students should continue to consult their College advisers with respect to general degree requirements.

Faculty

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JOHN W. BOYER, Professor, Department of History and the College; Chairman, Council on Advanced Studies in the Humanities & Social Sciences; Dean of the College

JOHN COMAROFF, Professor, Departments of Anthropology and Sociology and the College; Chairman, Department of Anthropology

STEPHEN G. GILLES, Assistant Professor, the Law School

ANN DUDLEY GOLDBLATT, Lecturer, Social Sciences Collegiate Division

CHARLES M. GRAY, Professor, Department of History and the College; Lecturer, the Law School; Master, New Collegiate Division

DENNIS J. HUTCHINSON, Associate Professor, Social Sciences Collegiate Division and New Collegiate Division; Senior Lecturer, the Law School; Master, New Collegiate Division; Associate Dean of the College

BARRY D. KARL, Norman and Edna Freehling Professor, Department of History and the College

JULIUS KIRSHNER, Professor, Department of History and the College

RALPH LERNER, Professor, Social Science Collegiate Division; Cochairman, Committee on Social Thought

WILLIAM NOVAK, Assistant Professor, Department of History and the College

WENDY RAUDENBUSH OLMSTED, Associate Professor, Division of the Humanities and the College

GERALD N. ROSENBERG, Assistant Professor, Department of Political Science and the College

RICHARD SALLER, Professor, Departments of Classical Languages & Literatures and History and the College; Chairman, Committee on the Ancient Mediterranean World

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