BOSTON COLLEGE - WOODS COLLEGE OF ADVANCING STUDIES

COURSE SYLLABUS
JUDGE JAMES V. MENNO
Associate Justice of Plymouth Probate and Family Court
E-MAIL: james.menno@jud.state.ma.us
Phone Number (w) 508-897-5444
PL 45401 LAW AND MORALITY
PO 35102 RELIGION AND POLITICS
WEDNESDAY 6:30 P.M. - 9:00 P.M.
FALL, 2010

COURSE GOAL AND METHOD:

The goal of this course is to attempt to understand the
relationship between law and morality. What is the “law?” What is
“morality?” How are religious and moral values present in the legal
system of the United States? Why is this an important area of inquiry
today?
The classes will consist of lecture; group exercises, class
discussion; and readings in a text, including actual court decisions, plus
handouts. Class attendance, reading and participation are critical to
this course. If you do not come to the majority of classes, you
will not pass this course.

There will be a Mid-term Exam and Final Exam. The Final Grade
will be based on class attendance and participation (20%); Mid-term
Exam (30%); and Final Exam (50%).
Text: I. LAW AND MORALITY, edited by Dyzenhaus,
Moreau and Ripstein, 3rd edition, University of
Toronto Press, 2007 (available in B.C. Book Store)
 COURSE OUTLINE
9/8/10 INTRODUCTION TO COURSE: WHAT IS LAW?
WHAT IS MORALITY?

9/15/10 LEGAL POSITIVISM - H.L.A. HART

Riggs. V. Palmer (1859) P. 140-146

Reading: Hart: “Positivism and the Separation of Law and

Morals” (1958) pp. 28-53;

9/22/10 INTEGRATION OF LAW AND MORALITY - LON L.

FULLER
The Queen v. Dudley and Stephens (1884) p.
154-158
Reading: Fuller: “Positivism and Fidelity to Law” (1958) pp. 67-
108
9/29/10 THE ADJUDICATION PROCESS
Harvard College v. Canada (2002) pp. 158-161
North Carolina vs. Mann (handout)
Commonwealth v. Aves (1836) pp. 182-185
Reading: Dworkin “Law’s Ambitions for Itself” (1985) pp. 108-121

10/6/10 NATURAL LAW and Legal Realism

Readings: R.V.S. (1997) p. 282-290
Lavalee v. The Queen p. 290-304

10/13/10 LAW AND VALUES: LIBERTY

Reading: John Stuart Mill “On Liberty” (1859) pp. 306-326
Bowers v. Hardwick (1986) p. 505-508
Lawrence v. Texas (2003) p. 508-512
R. V. Malmo-Levine; R.V. Caine (2003) p. 326-330
10/20/10 MID TERM EXAM
10/27/10 GUEST LECTURER: JUDGE JOHN CONNOR,
Massachusetts Superior Court: On Sentencing in
Criminal Matters

11/03/10 THE CRIMINAL LAW AND CAPITAL PUNISHMENT

Reading: Herrera v. Collins (1993) (handout)
“God’s Justice and Ours” Judge Scalia (handout)

11/10/10 THE LAW’S RELATIONSHIP WITH DEATH

(Abortion, Suicide, Termination of Medical Treatment)
Reading: Washington v. Glucksberg (1997) (handout)

11/17/10 LIBERTY ISSUES OF SPEECH, OBSCENITY AND

PORNOGRAPHY
Reading: American Booksellers v. Hudnut (1985) p. 914-920
New York v. Ferber (1982) (handout)
Virginia v. Black (2003) p. 910-914
12/1/10 TERRORISM AND THE RULE OF LAW
Reading: Public Commission Against Torture in Israel vs.
Government of Israel (1999)

12/8/10 RELIGION, CRIMINAL DISOBEDIENCE AND

UNJUST LAWS
Reading: “Christian Duty and the Rule of Law” (handout)

12/15/10 FINAL EXAM