Law and Society SS 2610

Week 3 Ethics

Tues Jan 25: Read: 

• Gregg v. GA (1976) (death penalty) (p. 52) (overturning Furman (1972))
• Roper v. Simmons (2005) here (juvenile death penalty)
• State v. Mobbley (1982) (spouse as accessory)  p. 61
• Holland v. State of Flordia (1974) (misprison) p 63

*****

• Michael Sandel, “Justice” (2009) (Chap 1 pp 3-11, 19-30) (see pdf file on reserve) (it could be easier to print out)
• Amish Elders Plead Guilty in Child Sex Abuse Case, South County Mail, Oct 27, 2010

Optional:

• Malcolm Gay,   “a Crisis in Amish Country”, NYT  Sept 2 1010; :
•  Nadya Labi, The Gentle People, Legal Affairs, February 2005
• Queen v. Dudley & Stephens (Queens Bench 1884) (trial of sailors who killed and ate fellow survivor of shipwreck- ruling on necessity doctrine) (edited here)
•  Daniel Solove, the Future of Reputation, Chap 4 “Shaming and the Digital Scarlett Letter”  (see course reserve)

Tues Jan 25 - Due Assn 2: Using the terminology adopted by Michael Sandel in Chapter 1 of “Justice”,  describe as well as possible the moral dilemma /tensions presented by:

1) the Amish Elders who know about the child abuse but for religious reasons keep it within the community and

 2) by the decision as to whether juveniles could be eligible for the death penalty or terms as long as life in prison for non-capital crEthics imes.

3) What is the answer to the dilemma of the Afghan Goatherds described by Sandel. What kind of “rule” could the military craft in these situations to avoids such a dilemma? Would such a rule be politically palatable?

4) Family members hiding a person wanted for a crime (eg Mobbley)

Thursday Jan 27

 Readings:

• Continue readings from Chap 2 pp. 66-83
• Lawrence v. Texas (2003) p. 66
• Reardon v. Windswept (2006) (Business Ethics)
• Caperton v. Massey Coal (2009) p. 77
• Feds Reveal Theory on Why WVA Mine exploded (NPR Jan 19, 2011)  (3 min) and Massey Mine Workers Disabled Safety Monitor (NPR July 15, 2010)
• Queen (Regina)  v. Dudley & Stephens (Queens Bench 1884) (you can find an unedited version of this classic opinion on the doctrine of necessity on … Wikipedia among other places)
• Ward Farnsworth, The Legal Analyst, Chap 1, Ex Ante & Ex Post (2008)

Optional

Abraham Lustgarten, “Furious Growth and Cost Cuts Led to BE Accidents past and Present” , Pro Publica, Oct 26, 2010