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Students must not copy this

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Course Outline
The Chinese University of Hong Kong
Faculty of Law

ETHICS & JURISPRUDENCE

LAWS 6007ABC

Term 2, 2023-24

Prof. Bryan Druzin Office Contact Hours: By appointment or as

Email: bryandruzin@cuhk.edu.hk announced
Office: 526, Lee Shau Kee Building
Programme Director:
Mr. Elliot Fung

Information about Classes

There will be one lecture a week. The course will run over one term only. The lectures are
scheduled as follows:

Class A: Friday at 14:30-17:15

Class B: Tuesday at 14:30-17:15
Class C: Friday at 18:30-21:15

Prerequisites
None

Course Description and Aims

The objective of the course is to provide a foundational introduction to how ethics relates to
law and governance. Each module is a look at a different aspect of this connection. The
lectures do not build on each other in a typical linear fashion. Rather, the course examines
the foundations, assumptions, and practices of law, covering various issue areas. To this end,
students will critically analyse a range of jurisprudential problems and philosophical principles.
A key aim of the course is to develop the student’s capacity for abstract and conceptual
thought, and his or her ability to debate and reason from first principles—a critical legal skill.
As well, the course seeks to encourage the student to reflect seriously upon law as a social,
normative, and political institution and their role in it.

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The copyright of this course outline belongs to The Chinese University of Hong Kong. Students must not copy this
document or disclose or otherwise share this document or its contents with third parties. In particular, uploading this
document to the internet is strictly prohibited.

Successful completion of the course will better enable the student to spot and solve ethical
dilemmas. The student will gain an understanding of the relationship between ethics and law.
Experience in working through the ethical problems and principles discussed will prepare the
student to play an effective role in their professional environment. After completing the
course, the student should gain:

 A better understanding of the law as a socio-political and normative institution and its
relation to ethics
 Improved skills of critical analysis, reasoning, and argumentation
 An ability to engage in abstract conceptual thought and reasoning from first principles
 A willingness to challenge unexamined normative assumptions

Topics of Study
Below is a list of the lecture topics (one lecture per week). A detailed list of the required and
recommended readings is provided separately in the syllabus.

Lecture Lecture Topic

1 Foundational Ethics I: Consequentialism
2 Foundational Ethics II: Deontology
3 Foundational Ethics III: Virtue Ethics
4 Separating Ethics from law I: Natural Law and Legal Positivism
5 Separating Ethics from law II: Hart and Modern Legal Positivism
6 The Ethics of Punishment I: Theories of Punishment
7 The Ethics of Punishment II: Justifying Punishment
8 Free will I: The Basics of the Problem
9 Free will II: Implications for Law and Punishment
10 Distributive Justice I: Rawls
11 Distributive Justice II: Nozick
12 Ethics Revisited: Moral Relativism
13 Review Class

Readings & Listenings

There is no single textbook for this course. The course comprises a mix of readings and audio
listenings, all of which are available on Blackboard (there is no need to purchase any
materials). You may download the audio files or listen to them directly on Blackboard. The
primary focus is on the lectures rather than the readings and listenings. The readings and
listenings should be thought of as a supplement to the lectures. You are not being tested on
the readings and listenings per se; you are being tested on your ability to write a good exam
essay—the readings and listenings are just one resource you can use to do this. For a detailed
list of the required and suggested readings and listenings for each class, please refer to the
course syllabus (uploaded on Blackboard).

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The copyright of this course outline belongs to The Chinese University of Hong Kong. Students must not copy this
document or disclose or otherwise share this document or its contents with third parties. In particular, uploading this
document to the internet is strictly prohibited.

Learning Activities
Each class will comprise two components: a one-hour discussion period followed by a two-
hour lecture (the precise proportion may vary slightly from class to class). There is no
discussion period in Lecture 1.

Assessment
The course assessment will comprise (1) a limited open book in-class exam that will account
for 90% of your final grade, and (2) an in-class discussion that will account for 10% of your
final grade. Note that you will only be permitted to bring in one A4 sheet of paper on which
you can write or type notes on one side only.

90% in-class exam

The exam will be open book. It will offer a choice of essay questions from which students will
be required to answer one question. The student’s task is to construct a persuasive essay,
drawing on the ideas discussed in class and providing original critical analysis.

The exam will be held on 29 April 2024 (Monday), 18:30 to 21:30 at the GLC.

10% in-class discussion

In each lecture, approximately 4-6 students (this will depend on class size) will each be
required to provide a written response to a question (related to the previous lecture). This
written response (the ‘outline’) must be (1) typed, (2) in point form, and (3) not exceeding
one page. Discussion leaders must email the instructor their outlines (bearing their name and
student number) 24 hours before the lecture. It is crucial that this written component be
structured in the format that is expected on the final exam. This group of students (the
discussants) will be unique in each lecture so that by the conclusion of the course each
student in the course will have provided one written response. Discussants will be informed
in advance in which lecture they will be required to provide their written response, and which
question they will be required to answer.

Employing a Socratic approach, the question will be examined in class in the first hour (or so)
during which the discussants will contribute their views drawing from their written responses.
Marks will be awarded based upon (1) how faithfully the responses conform to the desired
essay structure, and (2) how well-reasoned, persuasive, and logical their response is. There
are three possible marks: Fail (0%), Pass (5%), or Good (10%). An example outline of the
required essay structure will be explained in the first lecture (see also the ‘Exam Guidance
Booklet’ uploaded onto Blackboard). The mark for the discussion period will be awarded
immediately after the discussion; however, the mark will only be made known to the student
as part of their final grade.

The written responses have three primary aims: (1) to provide a general discussion of and
review of the content from the previous lecture, (2) to cultivate the ability to critically reflect
on the material, and (3) to prepare the students for the final exam by clarifying and reinforcing
the essay structure that is expected on the exam. With respect to the third aim, many of the
questions for the written responses will be directly taken from past exam questions. As such,
students will have a very clear idea of what to expect regarding the final exam and ample time
to prepare for it. Requiring students to draft their written answers so that they conform to

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The copyright of this course outline belongs to The Chinese University of Hong Kong. Students must not copy this
document or disclose or otherwise share this document or its contents with third parties. In particular, uploading this
document to the internet is strictly prohibited.
the desired structure of the exam will help instruct students who may be unfamiliar with how
to approach such an exam or lack sufficient experience in essay writing and tutor them on
how to logically deconstruct and analyse jurisprudential issues.

Evaluation of Teaching
Students will be invited to complete an evaluation of teaching towards the end of the course.

Questions and Concerns

Please contact the professor (first by email) during office hours if you have any concerns or
questions about the course. It is my policy that I will make every effort to respond to all emails
within 48 hours.

Academic Honesty

Students shall strictly comply with the University Rules on Academic Honesty (see “Honesty
in Academic Work: A Guide for Students and Teachers” at
https://www.cuhk.edu.hk/policy/academichonesty/), and provide correct and accurate
citations in footnotes or endnotes as required. The use of AI tools is not permitted in
assessments.

Plagiarism

CUHK defines plagiarism as follows:

Plagiarism is an attempt to pass off the work of others (in particular the
writing of others) as one's own.
The most obvious and blatant type of plagiarism is copying whole articles,
sections, paragraphs or whole sentences from other publications without
acknowledgement. This is clearly unacceptable.

However, even the use of a few words or paraphrasing (without actually

copying any words at all) may constitute plagiarism if the source is not
acknowledged. Students sometimes unintentionally plagiarize because they
are not aware of the very stringent rules that apply.

The University and the Faculty adopt a policy of zero tolerance towards plagiarism and
other forms of academic dishonesty. Copying another person’s work or using language or
ideas without proper attribution and the use of AI tools are subject to disciplinary action in
accordance with the University’s rules.

Grade Descriptors
In line with University policy, the Faculty has developed “grade descriptors” which have been
developed to help you in your academic work and to inform the marker’s judgment as to the
grade to be awarded. The marker will use them both in reaching a judgment as to the grade
to be awarded and as the basis for feedback to students. Please refer to the below course
grades and grade descriptors:

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The copyright of this course outline belongs to The Chinese University of Hong Kong. Students must not copy this
document or disclose or otherwise share this document or its contents with third parties. In particular, uploading this
document to the internet is strictly prohibited.

Grade Descriptors for an Examination

The purpose of these descriptors

The descriptors set out below have been developed to help students in their academic work
and to inform markers’ judgment as to the grade to be awarded. The marker will use them
both in reaching a judgment as to the grade to be awarded and as the basis for the feedback
that students will be given. Work awarded a particular grade does not necessarily display all
the characteristics; and some criteria may weigh more heavily than others.

A grade
Your answer should clearly identify all of the issues relevant to the question, including any
sub-issues.

Where the relevant facts are unclear, or lack some relevant detail, you should comment
upon this fact and its significance.

You should accurately and confidently state and apply relevant law to the issues that are
raised.

You should give relevant authority, where available, for the propositions that are
advanced.

Where the relevant law is the subject of important controversy, your answer should draw
attention to this fact and explain the practical importance of the controversy for the
answer.

Your answer should demonstrate a high degree of engagement with and understanding
of relevant primary and secondary sources.

You should not introduce inaccurate or irrelevant material in the answer.

Your conclusion should be realistic and persuasive, and you should not jump to
unwarranted conclusions.

Your answer should display critical thought, sophisticated analysis and internal coherence.

B grade
You should clearly identify nearly all of the issues raised by the question.

You should accurately and confidently state and apply relevant law to the issues that are
raised.

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The copyright of this course outline belongs to The Chinese University of Hong Kong. Students must not copy this
document or disclose or otherwise share this document or its contents with third parties. In particular, uploading this
document to the internet is strictly prohibited.
Your conclusion should be realistic, and you should not jump to unwarranted conclusions.

C grade
You should identify the majority of the issues raised by the question.

You should state and apply relevant law to the issues that are raised.

D grade
You should identify a reasonable proportion of the issues raised by the question.

You should state and apply relevant law to the issues that are raised with reasonable
accuracy.

F grade
Your answer misses many significant issues.

Your answer contains lots of irrelevant material.

Your answer is not well organized and may appear careless and incoherent.

Your answer omits relevant legal principles or displays significant gaps in the
understanding of these principles.