University of Kansas, Spring 2005
Philosophy 674: Philosophy of Law
Preview of test on chapters 3–5
Your test on chapters 3–5 will have two parts, a take-home part and an
I. Take-home part
The take-home part of your test consists of three essays worth 25
points each, and will be due at the beginning of class on Wednesday, April 6.
You can use your book or notes or discussions with other people, but all the
writing must be your own. Here are the three essay assignments.
- Explain the basis on which Rehnquist claims, in his opinion in the case of
Washington v. Glucksberg, that Washington’s ban on physician-assisted
suicide does not violate the Due Process Clause of the Fourteenth Amendment.
- Explain the difference between traditionalist and legal-realist views
regarding what the rules of private law say. Illustrate this difference using an
example, just as Altman illustrates this difference using the example of the
labor injunction. But do not use any example Altman uses in his ‘Criticisms of
the Public-Private Distinction' section (pp. 115–119)—including, of course,
the labor-injunction example. (You can use a some
other example from Altman’s book, or some other example from class, or you can
make up your own example.)
- Altman discusses the extent to which the utilitarian, retributivist, and
therapeutic approaches to punishment are compatible with the rule of law. With
regard to each of these (write about them one at a time), explain his reasons
for saying that it conflicts with the rule of law (or runs the risk of
conflicting with the rule of law).
As before, when you turn in your answers, each answer must be on its own sheet of paper, and the sheets
must not be
stapled together. The formatting instructions are essentially the same as for
the sheets you turned in for
the test on chapters 1–2, except that your
type size must be at least 12 points (not 11). Here are the main formatting
- Use one side of a single sheet of business-sized (8.5” x 11”) paper.
- Use margins of at least one inch on all four sides.
- Use the font Times New Roman, or (if not available) the nearest available
- Use a type size of at least 12 points. (As mentioned above, this is a
change from before.)
- Use the same font and type size throughout the whole sheet.
- Double-space all the lines.
- Make the lines flush-left—that is, don’t right-justify them.
- On the first line, list the following items, separated by commas:
- Philosophy of Law
- test 2
- question X (where Y is the number of the
question being answered on that sheet)
- answer Y (where Y is the three-digit code that will be used for this sheet
and no other)
- Start each paragraph of your answer with a half-inch indentation (even if
your answer is just one paragraph long).
As before, strict compliance with this precise protocol is needed for two important reasons: so that
everyone operates within the same space constraints and so that I can grade each
answer with a minimal chance of knowing who wrote it. For these reasons, deviations from this
protocol will be penalized.
II. In-class part
The in-class part of your test will consist of six multiple-choice questions
worth a total of 25 points, and will
be given in class on Wednesday, April 6. You will have a total of 40
minutes—from 10:30 to 11:10—to answer these questions. You will not be able
to use your book or any other resources.