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February 13: Jurisprudential Schools of Thought PART 2: JURISPRUDENTIAL SCHOOLS OF THOUGHT Jurisprudential Schools of Thought: Now that we have established a general understanding of justice, we will attempt to look at justice through classic legal theory. Jurisprudence, the philosophy of law, allows us to view terms of justice from varied schools of thought: Natural Law, Legal Positivism, and Legal Realism. PART 2A: NATURAL LAW Natural Law: We begin with Natural Law which argues that morality, religion, and human conscience are the most integral parts of law. We want to continue to think about justice in this section. Robert P. George: 175-186 “Evil” – Stevie Wonder “Wild Goose Chase” – Steel Pulse February 15: Legal Positivism - ASSIGNMENT #1 QUESTIONS DISTRIBUTED PART 2B: LEGAL POSITIVISM Legal Positivism: Legal Positivists argue that law is derived from rules enacted by government or government entities. Again, we want to ask if justice plays a role for a legal positivist. John Gardner: 199-227 Federalist 84: (available online) “Legalize It” – Peter Tosh “Still Rest on My Heart” – Culture “Redemption Song” – Bob Marley & The Wailers February 20: Legal Realism PART 2C: LEGAL REALISM Legal Realism: The final jurisprudential school of thought for this section involves the notion that judges and personal biases are the most prevalent aspects of shaping the law. Michael Steven Green: 1915-2000 John Brigham: 1165-1199 Fred Rodell: 290-294 (to be distributed) “Biko’s Kindred Lament” – Steel Pulse “Free Mumia” – The Heartical Crew “Oh My God” – Michael Franti and Spearhead February 22: Constitutive Theory PART 3: CONSTITUTIVE THEORY Constitutive Theory: Now that we have established both abstract ideas of justice and how differing legal philosophies view justice, it is now time to critique those issues. Constitutive theory entails the idea that if human beings collectively constitute justice systems, the question becomes: is law all around us? If we establish law’s role to provide justice, yet the justice system has failed, what are the musicians responding to? Are they creating law themselves? John Brigham: 1-27 John Brigham: 421-461 “Shackles” – Sister Carol “Rock the Nation” – Michael Franti and Spearhead “War and Crime” – Lucky Dube February 27: Constitutive Theory Naomi Mezey: 35-67 Naomi Mezey: 145-166 “Sonny’s Lettah” – Linton Kwesi Johnson “Mystery of Iniquity” – Lauryn Hill “Music Gonna Teach” – Bob Marley and The Wailers

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