The Nature of Legal Reasoning

Fall, 2004

Instructor: Paul Hodapp
Office: Weber House (1015 20th St.)
Telephone: 351–2574
Office Hours: TR 1:00–3:15 p.m. and by appointment
E-mail: paul.hodapp@unco.edu

Course Objectives

The primary objective of this class is to develop the basic skills of deductive reasoning and to apply those skills to law-related examples. Thus, we will first work on the basic valid forms of deductive reasoning. Then we will work on IRACing cases and applying the valid forms to the reasoning of the cases.

The texts will be Critical Reasoning by Cederblom and Paulsen, and Ethical Issues in the Courts by Julie Van Camp. These texts are available at the Book Stop, 10th Ave. and 16th St.

There will be a midterm (50%) and a final examination (50%). Daily written assignments and in class presentations may earn a total of 20 points toward the appropriate exam. Each assignment and presentation will count one point. The grading scale is 90–100=A, etc. You may earn up to five points extra credit with a logical analysis of one of the main arguments in one of the following films: “Judgment at Nuremberg”, “Billy Budd”, “12 Angry Men”, “Monty Python and the Holy Grail”, and “To Kill a Mockingbird”. Each one-page analysis will earn one point.

The format of each class period will be as follows. You will hand in the assignment at the beginning of class. Some of you will be asked to do some of the assignments on the board. I will then explain the next assignment and you should be prepared with questions. If there is time, I will work with small groups to explain specific problems with the material. If you are having difficulty, you are encouraged to hand in extra problems and to discuss your difficulties with me. It is extremely important to do the assignments, to discuss them in class, and to ask questions about anything that you do not understand.

There are two approaches to this class. Some students will want to follow the instructions in the book. This approach is slower. If you wish to work on your own in this way, please let me know. My approach is quicker. From the beginning we will put arguments into valid/sound form so that by the end of chapter 4 we will have had lots of practice with the forms.

For all of the controversial assignments, e.g., capital punishment, abortion, etc., you should be prepared to discuss in class your arguments on that topic and your objections to the arguments in the book.

Any cheating may result in the grade of F for the class.

Students who need an accommodation should see me as soon as possible.

This syllabus is subject to revision during the course of the semester.

Tentative Outline

  1. Introduction to syllabus. Read chs. 1–4 in Cederblom.
  2. Explain key terms and valid forms, p. 34–5, and the 6 step procedure on p. 341. Assign Ex. 2.1(p. 25)(2,4,6–11,13–16). Put the arguments into form, explain whether they are valid or not, if invalid make them valid, for one of the arguments make the argument sound. Follow these instructions for subsequent exercises, unless otherwise instructed.
  3. 2.1 DUE. Assign ex. 2.2(p 30)(7–11)
  4. 2.2 DUE. Assign ex. 2.3(p 36)(2d,f,h,j,k)
  5. 2.3(2) DUE. Assign ex. 2.3(3b,d)
  6. 2.3(3)DUE. Assign ex. 2.4(p 41)(1–3)
  7. 2.4. DUE. Assign ex. 2.5(p 45)(1–5)(not paragraphs but valid form)
  8. 2.5 DUE. Assign ex. 3.1(p 58)(1b,d,f,h,i,j)
  9. 3.1(1) DUE. Assign ex. 3.1(2,d,f,h,l,n,o,p,r&t)
  10. 3.1(2) DUE. Assign ex. 3.1(3b,d)
  11. 3.1(3) DUE. Assign ex. 3.3 (p 76)(a,c,e,g,i)
  12. 3.3(a) DUE. Assign ex. 3.3 (b,d,f,h,j)
  13. 3.3(b) DUE. Assign ex 4.1(p 100) (evens)
  14. 4.1 DUE. Assign ex. 4.2(p 105)(choose one of the evens)(first support the premise and then cast doubt on it)
  15. 4.2 DUE. Assign ex. 4.3(p 110) (2b&d, 3i & ii) (follow instructions in the text)
  16. 4.3 DUE. Assign ex 4.4 (p 119) (choose one of the evens and follow the 6 step procedure on p 341) (It is important to make the argument sound before you begin your criticism)
  17. 4.4 DUE. Chapters 5–10 extra credit. Review for midterm, using ex. 1.2, esp nos 1 & 5. Start to explain NIRACPDS. Read Preface and pages 166–8 of Van Camp. Assign abortion cases. Choose one. NIRACPDS this case and one case from each pair.
  18. MIDTERM (Tentative Oct. 18)
  19. Roe and Casey.
  20. cont.
  21. 2 Euthanasia cases, Quinlan and Cruzan.
  22. cont.
  23. Plyler and Vernonia
  24. cont.
  25. Loving and Lawrence, below
  26. Bowers and Romer
  27. cont.
  28. Lawrence v. Texas, on Lexis Nexis
  29. 2 cases to be selected.
  30. cases cont. and review for final
    FINAL