Conservative Political and Legal Thought (Wax)
Faculty
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| Amy Wax Robert Mundheim Professor of Law awax@law.upenn.edu |
Additional Information
Skills Training
Oral Presentations
Expository Writing
Grading
20% Participation,
80% Paper
Yes
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- If you are absent, due to illness or some other unavoidable circumstance, email me and I can ask for volunteers among your classmates to share their notes with you.
Meeting Times/Location
T 1:15PM - 2:59PM
Golkin Hall 238
Category
Seminar
Credits
1.5
This year-long seminar, which meets every other week, will explore the conservative intellectual tradition in Anglo-American and European thought and its ramifications for law, including, inter alia, the role of tradition, precedent, autonomy, contractarianism, liberty, equality, rights, civil society, the family, legal regulation and interpretation, the administrative state, national sovereignty, ethnic and sexual identity, the criminal law, and the welfare state. Readings include works by Edmund Burke, Alexis de Tocqueville, Sir James FitzJames Stephen, Richard Weaver, Russell Kirk, Michael Oakeshott, James Burnham, and other more recent works in conservative law, politics, and policy. Students will be assigned to lead discussions and to prepare discussion questions once a semester. There will be paper due, on a topic of the students' choice, at the end of each semester. Grading is based on the presentation and papers.
Readings will be online, and also from Jerry Muller's Conservatism Anthology listed below, as well as from the following volumes which students should purchase online or at the bookstore.
Russell Kirk, The Conservative Mind: From Burke to Eliot (Washington: Regnery Publishing, 7th rev. ed. 1985, 2014 reprint) (ISBN 978-0895261717); paperback or hardcover, to be ordered by student or in bookstore; also available on library reserve.
3) Richard M. Weaver, Ideas Have Consequences (Chicago: Univ. of Chicago Press 1948, paperback 1984) (ISBN 978-0226090061). Other editions of these books are acceptable.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Criminal Law and Procedure Learning outcomes: Demonstrate a core understanding of criminal law and procedure; Perform legal analysis in the context of criminal law and procedure; Communicate effectively on topics related to criminal law and procedure; Demonstrate an understanding of the role criminal law and procedure play in society and their impact on other areas of law and society.
Property and Real Estate Law Learning outcomes: Demonstrate a core understanding of property and real estate law; Perform legal analysis in the context of property and real estate law; Communicate effectively on topics related to property and real estate law; Demonstrate an understanding of how property and real estate law affect other areas of law.
Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.
Equity and Inclusion Learning outcomes: Demonstrate a core understanding of the varied legal aspects of equity and inclusion; Perform legal analysis in the context of topics related to equity and inclusion; Communicate effectively on the legal aspects of equity and inclusion; Demonstrate an understanding of how equity and inclusion are connected to and affected by a wide variety of legal and regulatory structures and doctrines.
Textbooks
" Conservatism: An Anthology of Social and Political Thought from David Hume to" by Jerry Z. Muller (ed.), |