JLC-110 American University Only the wise should rule assignment Please meet all of the requirements carefully, on time and without plagiarism, you will re

JLC-110 American University Only the wise should rule assignment Please meet all of the requirements carefully, on time and without plagiarism, you will receive two files, one is the requirements and the other file is the reading material. Paper 1: Classical Period
Q: Plato is right: only the wise and knowledgeable should rule and any
checks on their discretion and power should be avoided. Discuss.
Cite from five of: Plato; Aristotle; Polybius; Cicero; Epicurus; Any
Federalist Paper that is relevant; any work of John Adams; any work
of T. Jefferson; any other from class reader
Skills: Critical comparative analysis of multiple legal philosophies;
Empathy; Application of historical ideas to contemporary world
Paper Writing Guide
Your written papers are one of your real chances to demonstrate your
knowledge, expertise and opinion about the questions posed in a one-onone with me. You should view this as an opportunity to impress!
Key Points to Remember!
• This is a Reading Response paper – it is NOT a summary of your
lecture notes. The lectures provide context and explanation to the
philosopher’s ideas or the legal structures in place. They are not
YOUR personal response to the readings you have completed.
Do
not write a summary of your lecture notes! DO NOT CITE
YOUR LECTURE NOTES.
• Above all else, I want an intelligent answer to the question based
on a logical argument grounded in your readings. Demonstrate to
me that you have considered your argumentation critically (i.e.
logically and rationally and how it compares and contrasts with what
authors have already written on the topic) and you will have gone a
long way in achieving a good overall mark.
• To focus your minds and your papers, I require a 50 word (max)
statement of your argument at the top of your first page. This
statement will answer the question and provide the main reason for
your answer (e.g. “The arguments in favor of the Mixed Constitution
in the Ancient World are still relevant today because…..”). This
statement should be in bold and separate from the rest of your text at
the top of the first page.
• Commit to an answer, but be aware of counter arguments and counter
evidence. Deal with them in your paper, but once you have found
your answer, defend it.
• You must provide direct quotes from at least five of the authors listed
for each question. A direct quote involves taking the words of the
author from the text, putting them in quotation marks, integrating
them into your paper in a grammatically correct manner and giving an
accurate citation of the direct quote.
• Secondary readings are not required. BUT, they will introduce you
to better and different interpretations of the material you are dealing
with. The best papers will be written by students who have read
beyond the syllabus and evidenced this reading in their papers.
• (Legal) history papers are written in the past tense… “Locke
thought…”, not “Locke thinks…”
• The word limit is 1200 words – This means no less than 1100 and no
more than 1300. Put a word count at the end of your paper.
• Academic work, particularly historical research, should aim for as
much objectivity as possible. For this reason, try to avoid subjective
constructions, such as the first person: “I think..”, “My view is…”.
(If it helps, write those things in your first draft and then simply go
through and delete them when editing – you’ll see they add nothing to
your paper except extra words!)
• Do not use contractions in academic work – don’t, wouldn’t, they’re
etc.
• For the love of all that is good and gracious in this world, please (nay,
double please) DO NOT use the titles of the readings in your papers!
They do nothing for your paper except eat up your word count
unnecessarily. Please do not put them in there.
• Finally, go through the checklist on the next page before each paper.
The Basic Structure
All papers should have THREE main sections (using sub-headings to
differentiate is fine, but they also take up space you will find you do not
have):
i.
Introduction
Short and sweet! Outline your paper’s argument concisely but clearly.
Do not write: “My thesis statement is…” Integrate it into your overall
paragraph – “This paper argues that…”. State how your paper will make
this argument in a logical and clear manner. If I am under ANY doubt at
all about what you will be arguing in your paper by the end of the
introduction, then your introduction has failed its purpose.
In addition, if your introduction starts off with any kind of reference to the
‘passage of history’, ‘mankind’, ‘human civilization’ or any grandiose
concept of this ilk, I guarantee in advance I will hate your paper. Here’s
what to do:
Write that sentence (probably something like: “Since the
beginning of human history, civilization has driven mankind’s innate urge
for social organization…”), finish the rest of your introduction, take your
mouse, highlight the whole paragraph, press delete, think briefly about the
horrible comments you would have received on your paper, then carry on
writing.
ii.
Main Body
This is your chance to demonstrate what you have read and the critical
approach you have taken to the statements in it. There are two important
points to remember here:
1. Cite accurately! Please use any recognized citation style of your
choosing, but please stick to one style consistently throughout your
work.
2. Do not cite needlessly. Providing lots of quotations is not a way
to impress me. I am impressed by strong argumentation which
uses citation only to make a specific point. A good paper will
have no room for unnecessary quotation and factual statements
(e.g. dates). If you cannot explain how telling me Socrates was
born in 469BC develops your argument, then it’s unnecessary.
Write your papers for a professor of legal history – this is your
audience.
3. The best papers will include outside readings beyond the
primary sources. You are not required to use outside readings,
but I have provided many on each topic in the ‘Readings’ folder on
Blackboard. You must cite these accurately.
4. Use of Ibid – If you cite consecutively from the same source or
reading, you may substitute the bibliographical data on all but the
first cite with the term “Ibid” (Ibidem is Latin for “the same place”.
You still need a page number. This only works on consecutive
citations – if anything comes in between, you need full data again.
iii.
Conclusion
The conclusion is the (first and) last thing I will read of your paper, so
MAKE IT COUNT! When writing the conclusion, take the opportunity
to reiterate in highly abbreviated form, the key points, themes or arguments
from the body of your essay that you believe best support the paper’s
argument. Avoid introducing new arguments in the conclusion that you
have not supported earlier with evidence; however, you can draw out fresh
implications from previously introduced arguments.
Expanding on the
general significance of major ideas that your paper has discussed is often a
good way of adding something extra to take away from your work.
Before Submitting Your Paper…
In your re-read of the paper, ask yourself for each and every sentence:
why is this here?
What does this sentence do?
Get rid of all “filler
material”. Personally, I like to read my paper aloud, either to myself or
to someone else.
This is an ideal way of “unclogging” clumsy
argumentation and wording, as well as enabling you to know thoroughly
what you have just written.
PROOF READ.
PROOF READ.
PROOF READ.
Your grade will suffer a gory death if I find needless
syntax and spelling errors. Nothing irritates me more … PROOF READ.
PROOF READ. Oh, and by the way, PROOF READ! As plainly put as
possible, you cannot earn an A grade if you have a series of grammatical
and syntax errors in your paper.
Grade Proposal
With each paper submitted, you are required to propose a grade for your
paper. It must be based on the scoring system and rubric included in this
syllabus. You are also required to provide a concise explanation for your
proposed grade.
How should I submit my Response Paper?
1. You should submit two documents: (1) your Paper (2) your Grade
Proposal. The checklist can be found on Blackboard.
2. Please name your files using the following format:
LAST NAME – RP #
LAST
NAME
–
Checklist #
Example: SMITH – RP 1
SMITH – CHECKLIST 1
3. Please only submit files in Microsoft Word.
4. Hillary will respond to you within 48 hours confirming that she has
received your paper. If she does not e-mail you, that means that
she has not received your paper. American University has
experienced some challenges with its e-mail accounts in the past.
Please alert Hillary and I immediately if we are not responding to
your e-mails.
How should I cite the Class Reader?
1. The first page of the Class Reader explains how to cite from it.
Below is an example of how you should cite from the Class Reader:
a. For both in-text or footnote citations:
Plato,
Class
Reader, pg. 38
b. For your bibliography, give more detailed information about
what your are citing from the Class Reader:
Plato. The Republic, Book 2. Class Reader.
Polybius. The Histories. Book 6, Parts 2-18, Parts 4357. Class Reader.
Luther. 95 Theses. Class Reader.
c. For sources not from the Class Reader, please cite them in
accordance with your preferred citation style guide (such as
APA, Chicago Style, etc).
I have no preference as to
citation style – just use one style consistently through each
paper.
What does an ‘A’ for Response Papers look like?
A range
– Writing: The paper is written lucidly, with a clear structure and few-
(outstanding) to-no grammatical and spelling errors.
– Critical Thinking: Your argument demonstrates critical analysis,
reflection on the readings and integrates your thoughts into a coherent
and relevant answer. The result is an original answer to the question
based heavily in the readings.
– Research: You have incorporated secondary readings well and gone
beyond the expectations set in terms of outside sources and literature.
You ENGAGE with the secondary readings, agreeing and disagreeing
with their perspectives in a reasonable way based in strong evidence.
B range
(strong)
Your work is solid and does not have any major shortcomings. Grades
will be differentiated depending on:
– Writing: the written style, choice of paper structure, use of
appropriate academic terminology, number of grammatical and syntax
errors
– Critical thinking:
originality, the quality of the analysis of the
readings
– Research: number of secondary readings completed, manner of
integration of and engagement with outside materials is good, but
uncritical.
C range
A C grade means your work has demonstrated some major
(average)
shortcomings in the one or more of the three criteria of writing, critical
thinking and research.
D and below
(poor)
A grade in this range means the work is unacceptable at this level
JLC-110 Western Legal Tradition Class Reader
Explanation of Readings and How to Cite Class Reader
•
I have endeavoured to find excerpts and readings from available sources online. The majority
of these readings listed below are copied and pasted and the link to the original source provided
as a citation.
•
Please feel free to download and adjust the formatting to your preferences.
•
You DO NOT need to print it or bring it to class. I expect you to have finished the week’s
readings before the first class of the week.
•
You may cite the class reader in your response papers as “Class Reader, pg XYZ”, using this
Word document as the original for page number purposes.
•
To speed to a particular reading, you can click on the page number in the contents page below
whilst holding the CTRL button
Secondary Readings
•
The texts here are all (translated) primary sources – written by the philosophers and thinkers
themselves. Secondary sources about the texts can be found on Blackboard.
Page 1 of 459
Contents
Week 1 ……………………………………………………………………………………………………………………………………………………………………… 5
Defining Critical Thinking …………………………………………………………………………………………………..5
Michael W. Austin, Standards of Critical Thinking: Thinking Towards Truth ………………………………8
Week 2 ……………………………………………………………………………………………………………………………………………………………………. 10
Plato, The Apology of Socrates ………………………………………………………………………………………….10
Plato, Crito ……………………………………………………………………………………………………………………..32
Xenophon, Apology of Socrates …………………………………………………………………………………………44
Plato, The Republic, Book 2 ………………………………………………………………………………………………51
Plato, The Republic, Book 3 ………………………………………………………………………………………………75
Plato, The Republic, Book 5 …………………………………………………………………………………………….114
Plato, The Republic, Book 7 …………………………………………………………………………………………….117
Week 3 ………………………………………………………………………………………………………………………………………………………………….. 151
Aristotle, The Politics, Book 2 ………………………………………………………………………………………….151
Aristotle, The Politics, Book 4 ………………………………………………………………………………………….177
Aristotle, Nicomachean Ethics, Book 10, Paragraph 9 ………………………………………………………….201
Polybius, The Histories, Book 6, Parts 2-18, Parts 43-57 ………………………………………………………206
James Madison, Federalist 63 …………………………………………………………………………………………..227
John Adams, Defence of the Constitutions, Preface …………………………………………………………….233
Week 4 ………………………………………………………………………………………………………………………………………………………………….. 246
Cicero, On Laws, Book III ………………………………………………………………………………………………246
Cicero, On Duties, Book 2, Parts 19-29 ……………………………………………………………………………..250
Cicero, On the Commonweath, Book 3 …………………………………………………………………………….262
Epicurus, Principle Doctrines …………………………………………………………………………………………..275
Week 5 ………………………………………………………………………………………………………………………………………………………………….. 281
Augustine, The Two Cities ………………………………………………………………………………………………281
Tacticus, Germania, first section……………………………………………………………………………………….284
Week 6 ………………………………………………………………………………………………………………………………………………………………….. 296
Thomas Aquinas, Summa Theologica, First Part, A, Question 2, Article 3 ………………………………296
Thomas Aquinas, Summa Theologica, Question 91, Articles 1-4 ……………………………………………298
Thomas Aquinas, On Human Law ……………………………………………………………………………………305
Thomas Aquinas, Summa Theologica, Question 105 ……………………………………………………………312
Thomas Aquinas, On Kingship to the King of Cyprus …………………………………………………………316
Martin Luther King Jr, Letter from a Birmingham Jail ………………………………………………………….339
Dietrich Bonhoeffer, Letters and Papers From Prison ………………………………………………………….344
Week 7 ………………………………………………………………………………………………………………………………………………………………….. 356
Magna Carta ………………………………………………………………………………………………………………….356
Innocent III, Annulling Magna Carta ………………………………………………………………………………..367
Franklin Delano Roosevelt, Third Inaugural Address …………………………………………………………..370
Edward Coke, The Second Part of the Institutes …………………………………………………………………373
James I of England, The True Law of Free Monarchies ……………………………………………………….375
Thomas Paine, Of Monarch and Hereditary Succession ……………………………………………………….379
Week 8 ………………………………………………………………………………………………………………………………………………………………….. 388
John of Salisbury, Policratus, Book 4 …………………………………………………………………………………388
Gregory VII, Dictatus Papae ……………………………………………………………………………………………426
Frederick Barbarossa, Manifesto……………………………………………………………………………………….427
Concordat of Worms ……………………………………………………………………………………………………..429
Martin Luther, 95 Theses ………………………………………………………………………………………………..431
Week 9 ………………………………………………………………………………………………………………………………………………………………….. 438
Hugo Grotius, On the Laws of War and Peace, Book 3, Chapter 11 ………………………………………438
Immanuel Kant, Idea for a Universal History with a Cosmopolitan Purpose, Proposition 5-8 …….446
Week 10………………………………………………………………………………………………………………………………………………………………… 453
Immanuel Kant, Practical Reason, from Critique of Pure Reason …………………………………………..453
Immanuel Kant, The Philosophy of Law: An Exposition of the Fundamental Principles of
Jurisprudence as the Science of Right [1796] ………………………………………………………………..472
Week 11 ………………………………………………………………………………………………………………………………………………………………… 486
Thomas Hobbes, Leviathan, Chapters XIII, XIV, XVII, XVIII …………………………………………….486
John Locke, Second Treatise of Government, Chapters 5, 8, 19 …………………………………………….509
Jea…
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