Second\/Final Essay Assignment<\/p>\n
% of final grade:\u00a030%<\/p>\n
Module Assigned: 6<\/p>\n
Module Due: During Module 12<\/p>\n
Length: 1,500\u20131,750\u00a0words (approximately 6\u20137\u00a0pages)<\/p>\n
Description and Instructions<\/p>\n
Focus for Second\/Final Essay: The goal is to develop, articulate, and set out a position on the philosophical\u00a0issues at stake in one of the Canadian legal cases covered during the course\u00a0(see options listed below) and support that position with\u00a0a philosophical theory\/theories\u00a0or principle(s) (see options listed below) that provide the most compelling and persuasive account with respect to the position being argued for. Note that you may find that a combination of theories and principles will be most conducive to your arguments. Make connections between your position, the reasoning of the judges, and\/or arguments of the\u00a0litigants in the case (as reflected in the reported decision and related commentary).<\/p>\n
Provide a clear, cogent,\u00a0and coherent\u00a0account of the issues at stake in\u00a0the\u00a0case, your arguments for your position,\u00a0and the\u00a0interpretation and application of the philosophical theory\/theories or\u00a0principle(s) you relied upon to support your position.\u00a0Provide a\u00a0persuasive and compelling articulation\u00a0and justification for your position, your interpretations, and your\u00a0arguments. Be sure to address the potential objections and criticisms to your position from the perspective of\u00a0a competing philosophical theory or principle, and respond to these in order to bolster your position.<\/p>\n
Second\/ Final Essay assignment questions: What, in your judgment, is the most philosophically defensible position on the issues at stake in the case?\u00a0Which philosophical\u00a0theory\/theories\u00a0or principle(s) help to best support\u00a0the position you are defending? (Note that you may find that a combination of theories and principles will be most conducive to your argument.) Which philosophical theories or principles can illuminate\u00a0why and how\u00a0the judges reasoned in\u00a0the ways that they did and the litigants argued in the ways that they did? What are the philosophical implications of the ruling in the case?<\/p>\n
In the context of addressing these questions, give consideration to the approaches and perspectives being used by the judges to determine which “law” is being applied to the case. Consider the relevance of the theories of\u00a0legal\u00a0interpretation.<\/p>\n
The paper should constitute an argument for a clearly stated thesis, though that thesis might itself be nuanced or qualified. Note that a thesis statement may, and often will, consist of several sentences or even a full paragraph.<\/p>\n
Steps to Getting Started<\/p>\n
Choose a\u00a0Canadian legal case\u00a0(see\u00a0options listed below).<\/p>\n
Identify the philosophical\u00a0issues at stake\u00a0and determine the\u00a0position you will defend\u00a0with respect to those issues.\u00a0<\/p>\n
Review the theories and principles (see options listed below), and\u00a0choose a theory\/theories\u00a0or\u00a0principle(s)\u00a0to support your position.<\/p>\n
Identify which\u00a0parts of the\u00a0reasoning\u00a0of the judges (i.e., either the majority, dissent, or the whole court if a consensus decision was reached) or the arguments of the litigants you will be analyzing and connecting to your arguments.<\/p>\n
Cases\/ Issues Options<\/p>\n
Battered Woman Syndrome –\u00a0R. v. Lavallee\u00a0(Module 12)<\/p>\n
Euthanasia \/ Medical Assistance in Dying (MAID) –\u00a0Rodriguez v. Attorney General of British Columbia\u00a0and\/ or\u00a0Carter v. Canada\u00a0(Module 8)<\/p>\n
Hate Speech –\u00a0R. v. Keegstra\u00a0(Module 11)<\/p>\n
Freedom of Conscience and Freedom of Religion –\u00a0Multani v. Commission scolaire Marguerite-Bourgeoys\u00a0and\/ or\u00a0Syndicat Northcrest v. Amselem\u00a0(Module 10)<\/p>\n
Prostitution\/ Sex Work –\u00a0Bedford\u00a0v. Canada\u00a0(Module 9)<\/p>\n
Theories\/Principles Options<\/p>\n
\u00a0<\/p>\n
Autonomy (Module 5, Topic 3 and Module 6, Topic 1)<\/p>\n
Critical Race Theory (Module 11, Topic 2)<\/p>\n
Feminist Legal Theory (Module 9, Topic 1)<\/p>\n
Freedom of Conscience (Module 10)<\/p>\n
Freedom of Expression (Module 6, Topic 2)<\/p>\n
Freedom of Religion (Module 10)<\/p>\n
Harm Principle (Module 6, Topic 1)<\/p>\n
Interpretivism (Module 4)<\/p>\n
Kantian Deontology (Module 5, Topic 2)<\/p>\n
Legal Moralism (Module 6, Topic 4)<\/p>\n
The Offense Principle (Module 11, Topic 1)<\/p>\n
Paternalism (Module 6, Topic 3)<\/p>\n
Quality of Life Perspective (Module 8, Topic 1)<\/p>\n
Sanctity of Life Perspective (Module 8, Topic 2)<\/p>\n
Utilitarian Consequentialism (Module 5, Topic 1)<\/p>\n
\u00a0<\/p>\n
Be sure to clearly identify the following in your essay: (a) the core philosophical issues in the Canadian legal case you have chosen, (b) the specific\u00a0philosophical theory\/theories or principle(s) you rely upon\u00a0in support of your position, and (c) the\u00a0specific reasoning of the judges (i.e., majority, dissent, or the whole court if it was a\u00a0consensus decision) and arguments of the litigants\u00a0you are analyzing and connecting to your arguments.<\/p>\n
See the “General Comments on Writing Philosophy Papers” page.<\/p>\n","protected":false},"excerpt":{"rendered":"
Second\/Final Essay Assignment % of final grade:\u00a030% Module Assigned: 6 Module Due: During Module 12 Length: 1,500\u20131,750\u00a0words (approximately 6\u20137\u00a0pages) Description and Instructions Focus for Second\/Final Essay: The goal is to develop, articulate, and set out a position on the philosophical\u00a0issues at stake in one of the Canadian legal cases covered during the course\u00a0(see options listed […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[10],"class_list":["post-107015","post","type-post","status-publish","format-standard","hentry","category-research-paper-writing","tag-writing"],"_links":{"self":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts\/107015","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/comments?post=107015"}],"version-history":[{"count":0,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts\/107015\/revisions"}],"wp:attachment":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/media?parent=107015"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/categories?post=107015"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/tags?post=107015"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}