Independent reading course. Reading in an area selected by the student and approved in advance.

Fall and spring semesters. The Department.

(Analytic Seminar) Interpretation lies at the center of legal and literary activity. Both law and literature are in the business of making sense of texts—statutes, constitutions, poems or stories. Both disciplines confront similar questions regarding the nature of interpretive practice: Should interpretation always be directed to recovering the intent of the author? If we abandon intentionalism as a theory of textual meaning, how do we judge the "excellence" of our interpretations?

(Offered as LJST 317 and ENGL 337)  [Research Seminar] It is well known that Shakespeare’s texts put into play an intricate set of juridical terms and forms. The premise of this course is that we can retrieve from this “putting into play” a unique way of thinking about modern juridical order at the moment of its inception.

(Offered as LJST 277 and ASLC 277) Islamic constitutionalism is now a global phenomenon. References to Islam or Islamic law have been incorporated into more than thirty constitutions. Many states that are constitutionally Islamic also espouse commitments to liberal rights such as religious freedom, freedom of speech, and nondiscrimination. Rather than rehearse common binarisms that assess the compatibility of Islam and liberalism, this course considers the dilemmas that emerge in societies where more than one normative source of legal and institutional authority operates.

“Nature” is at once among the most basic of concepts and among the most ambiguous. Law is often called upon to clarify the meaning of nature. In doing so it raises questions about what it means to be human.

Most people are aware that "the world" (the sum of planetary environmental systems) is changing in ways that are already generating dramatic and largely negative consequences for "the world" (Earth as the home of Life) and that the trajectories of change presage even greater instability. Since the blossoming of environmentalism a half-century ago, those most concerned and involved in responding to these challenges have recognized that a robust engagement with law is required for reversing or mitigating these changes.

The idea of law as experimental runs counter to the common view of law as well settled and historically rooted. Yet, under the federal system in the United States, states have long been regarded as "laboratories" for law. Moreover, Supreme Court decisions arise as “test cases” that painstakingly mix plaintiffs, procedures, and venues and are timed to move law in a hoped-for direction. What is a test case but a kind of experiment? This course examines legal experiments alongside experimental aesthetic works.

The term "waste" is used so widely in common parlance that it hardly seems necessary to consider its meaning. Yet, it is not always clear who has the authority to decide what is useful or efficient, and what is waste. This course takes up this problem of authority and examines how different concepts of waste relate to the law. “Waste” historically has been linked to the legal right to own and manage property.

Today’s crisis of civility reflects enduring anxiety about the kinds of disagreement and diversity a liberal democracy can sustain. Yet civility remains a notoriously difficult concept to define. Its meanings include politeness in the exchange of ideas, respect for rules of conduct, and even personal sacrifice for the public good. If civility’s contours are elusive, so too are those of its opposite. Incivility is thought to inflame social disparities. This course surveys canonical and emergent debates in the study of disagreement, toleration, and moral reasoning.

This course examines the ways in which historical thinking and imagining operate in the domain of law. History and law are homologous and tightly linked. Law in various guises uses history as its backbone, as a lens through which to view and adjudicate tangled moral problems, and as a means of proof in rendering judgment. Questions of history and precedent are integral to an understanding of the way language and rhetoric operate in the very creation of legal doctrine.