Political Theories of the Rule of Law (309-0-20)

Instructors

Jacqueline Stevens
847/467-2093
2001 Sheridan Road, 3162
Office Hours: By appointment only
Professor Stevens conducts research on political theories and practices of membership since antiquity. Her current studies of deportation law enforcement engage European fantasies of conquest in the 12th to 17th centuries as well as the quotidian of government documents revealing contemporary illegalities, including practices resulting in the unlawful deportation of United States citizens from the United States. Her research on deportations has been the basis of successful lawsuits challenging government misconduct.Professor Stevens' work has appeared in Political Theory, the American Political Science Review, the Journal of Political Philosophy, Social Text, Third World Quarterly, and many other scholarly venues, as well as in The Nation magazine and the New York Times. Reports on her work on ICE and private prison misconduct have appeared in the New Yorker, the New York Times, NPR, CNN, and numerous other venues.

Meeting Info

2001 Sheridan POLI SCI 3228: Mon 9:00AM - 11:50AM

Overview of class

The phrase "rule of law" conveys a range of expectations we have of government and each other. Is the rule of law a meaningful aspiration for a legal system that is fair and ensures everyone, including government officials are equally accountable? Or is the phrase a cynical ruse on behalf of the powerful to control wealth, territory, and populations? This course will explore the origins of the rule of law in European political thought and compare selected theorists' descriptions of the relation between law and politics.
The course will focus on the use of state violence and civil penalties in contexts of war, disobedience, families, and corporations, including the university. The jurisprudence of U.S. statutory interpretation will be explored through analysis of debates about the implementation of national security and sexual harassment policies. The frameworks of ancient Greece will be foregrounded to put in conversation assigned texts by Franz Kafka, Carl Schmitt, Lon Fuller, Jeremy Waldron, Catherine MacKinnon, and Janet Halley, among others. Arguments will be compared for their usefulness in understanding the interpretation of contemporary laws and imagining alternatives.

Cross-listed with POLI_SCI 309-0

Registration Requirements

Attendance at first class required

Learning Objectives

This class introduces students to the primary texts, theories, and techniques necessary for grasping the rule of law in the United States today. The objective is to improve basic legal literacy in the context of larger questions of political and legal theory. Students will become familiar with conducting legal research using online databases, including LexisUni, and Proquest Congressional research databases, and also understand the U.S. Code and Code of Federal Regulations. Students will learn these skills in the context of reflecting on larger principles of statutory interpretation -- does a law mean what the plain text says, what Congress "intends," or a "purpose" imputed to law by judges?

Evaluation Method

Your grade will be based in-class analysis applying readings to a current event; a class presentation; participation; and a final paper.

Class Attributes

Ethical and Evaluative Thinking Foundational Disci
SoC Individual and Social Behavior Distro

Enrollment Requirements

Enrollment Requirements: Antirequisite: Student may not receive credit for both LEGAL_ST 309-0 and POLI_SCI 309-0.