Michael McDorman

Michael W. McDorman - Cornell - ENS Fellow 2011-2012

mwm82[at]cornell.edu

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American Law Course Descriptions  ; ENS – 2011-2012

A partir d’octobre 2011, lieu à préciser. 

FALL
 
Introduction to Anglo-American Philosophy of Law
 
This course will examine classic Anglo-American philosophical writings on the theory of legal adjudication – that is, the theory of how judges actually decide cases and how they ought to decide them. The central concern will be for the student to develop a reasoned position on the following question : Are there principles or methods of legal reasoning that constrain judicial decision-making, or is legal reasoning essentially indeterminate, such that a skillful judge can justify more than one outcome for any given dispute ? If the former, then what principles are at work ? If the latter, then what may we say about the moral legitimacy of legal systems ? Readings will be drawn from major twentieth-century schools of thought in Anglo-American legal philosophy, and we will seek to relate these ideas to contemporary French legal thought as well. The course will be taught in English, in the style of an American university seminar. Open discussion and reasoned debate will be encouraged.
 
 
 
SPRING
 
Constitutional Law of the United States of America
 
This seminar will review and discuss, in historical and modern context, the constitutional legal order of the United States of America. Topics to be explored include the protection of individual rights and liberties (e.g., due process, equal protection, freedom of speech and religion), judicial review, federalism, separation of powers, and certain contemporary philosophical debates on the proper role of judges in constitutional interpretation. Throughout the course, we will also study points of comparison and contrast with the Constitution of the Fifth Republic. Readings will be drawn from seminal American legal cases as well as well-known scholarly articles. The course will be taught in English, in the style of an American law school seminar. Open discussion and reasoned debate will be encouraged.