The Nature of Legal Reasoning

Spring, 2004

Instructor: Paul Hodapp
Office: Weber House (1015 20th St.)
Telephone: 351-2574
Office Hours: T/Th: 9:30-10:30, 2:00-3:00 & 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. I have ordered Practical Case Analysis by Edwards as a recommended text. These texts are available at the Book Stop, 10th Ave. and 16th St.

There will be a midterm (30%) and a final examination (50%). Daily assignments will count 20%. 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. It will be recorded (as 1/2 credit) and returned to be revised and handed in the next class period. Some of you will be required to do some of the assignment 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 all assignments, to discuss them in class, and to ask questions about anything that you do not understand. I will spend only a portion of each class going over the assignments

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 and synthetic. 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)(4,6,7,9-11)
  4. 2.2 DUE. Assign ex. 2.3(p 36)(2b,d,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,k)
  9. 3.1(1) DUE. Assign ex. 3.1(2b-j, l-p, r&t)
  10. 3.1(2) DUE. Assign ex. 3.1(3a-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. 13.3(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 (p119) (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. Explain NIRACPDS. Read Preface and pages 166-8 of Van Camp. Assign abortion cases. Choose one. NIRACPDS for this and all subsequent cases. Review recommended text for alternative discussion of IRAC.
  18. MIDTERM (Tentative March 11)
  19. Abortion case due. Choose one of the euthanasia cases.
  20. Euthanasia case due. Choose one of the suicide cases.
  21. Suicide case due. Choose one of the education cases.
  22. Education case due. Choose one of the sex cases.
  23. Sex case due. Choose one of the gay cases
  24. Gay case due. Choose one of the war cases
  25. War case due. Choose one of the speech cases
  26. Speech case due. Choose one of the obscenity cases
  27. Obscenity case due. Choose one of discrimination cases
  28. Discrimination case due. Choose one of the capital punishment cases
  29. Capital punishment case due. Choose your own case.
  30. Case due. Review for final
    FINAL