Program of Study in Law, Ethics, and Public Policy

law_ethics

Program of Study in Law, Ethics, and Public Policy

The serious study of law is never far from the hard work of evaluation, of coming to judgments about the justice, fittingness, or even the efficiency of the legal doctrines and statutes that are the bread-and-butter of law school classes. Indeed Notre Dame Law School has a deserved reputation not only for fostering robust debate on legal issues, but also for focusing on the intersection of ethics, public policy, and the law. Nothing less could be expected of a Catholic law school whose mission it is to encourage students of diverse backgrounds, experiences, and commitments “to cultivate both the life of the mind and the wisdom of the heart, to pursue their studies with a passion for the truth, and to dedicate their professional and personal lives to serve the good of all the human family.”

Learning law therefore is not just a descriptive undertaking at Notre Dame Law School. It is prescriptive as well. In most classes, however, the doctrines and statutes are the main topic of discussion. In almost all first-year courses and in many at the upper-level, identifying the relevant legal norms, understanding what they mean, and applying them intelligently to practical problems is the central goal. Of necessity, evaluation is secondary. For example, first year courses stress that contracts are enforceable promises, property titles should be clear and stable, and tort recovery systems ought to be efficient.

The courses grouped together in this program of study take a different path. They take the task of critical moral evaluation and put it at center stage. The main focus in these courses is coming to understand and to defend critically justified standards by which we can gauge the value of the positive law. Establishing a critical apparatus and then subjecting a body of law to the bar of its judgment is the central goal of all these courses.

Courses in this program of study fall into three categories: Histories and Traditions, Concepts and Problems, and Theories and Frameworks. This program includes not only classes offered by the law school, but graduate courses offered in Notre Dame’s English, History, Political Science, and Theology departments.

Core Faculty

Gerard V. Bradley
Professor of Law

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Margaret “Peg” Brinig
Fritz Duda Family Chair in Law

Paolo G. Carozza
Associate Dean for International and Graduate Programs and Professor of Law

Rev. William R. Dailey, C.S.C.
Visiting Associate Professor of Law

John M. Finnis
Biolchini Family Professor of Law

Richard W. Garnett
Associate Dean for Faculty Research and Professor of Law; Concurrent Professor of Political Science

Michael Jenuwine
Clinical Professor of Law and Concurrent Associate Professor of Psychology

Daniel B. Kelly
Associate Professor of Law

Mary Ellen O’Connell
Robert and Marion Short Professor of Law and Research Professor of International Dispute Resolution

Jeffrey A. Pojanowski
Associate Professor of Law

Charles E. Rice
Professor Emeritus of Law

Hon. Kenneth F. Ripple
Professor of Law

James H. Seckinger
Professor of Law

O. C. Snead
W.P. and H.B. White Director, University of Notre Dame Center for Ethics and Culture and Professor of Law

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Affiliated Faculty

David A. Clairmont
Assistant Professor of Theology

Gustavo Gutierrez, O.P.
John Cardinal O’Hara Professor of Theology

Mary M. Keys
Associate Professor of Political Science

Gerald McKenny
Professor of Christian Ethics, Theology

Vincent Phillip Muñoz
Tocqueville Associate Professor of Religion & Public Life in the Department of Political Science

Walter Nicgorski
Professor of Political Science

Dianne Pinderhughes
Professor of Political Science

Margaret Pfeil
Assistant Professor of Theology

Jean Porter
John A. O’Brien Professor of Theology

Maura A. Ryan
John Cardinal O’Hara, C.S.C. Associate Professor of Christian Ethics

Linda Przybyszewski
Associate Professor of History

Marc Simon Rodriguez
Assistant Professor of History and Concurrent Professor of Law

Elliott Visconsi
Associate Professor of English

Catherine Zuckert
Reeves Dreux Professor of Political Science

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Courses

Histories and Traditions

Courses in this category focus on understanding and interpreting ethical and jurisprudential figures or ideas in historical context. Jurisprudence is a required course, and consists of the study of the philosophical investigation of the nature and purpose of law. Other courses concentrate on key thinkers or debates in a particular ethical or jurisprudential tradition. Still others trace the development of normative ideas over time and in light of changing social or political circumstances.

Resources

Resources

Journal of Law, Ethics, and Public Policy

The Journal explores the legal, ethical and policy considerations of each topic within the framework of the Judeo-Christian intellectual and moral tradition. It has a national audience of people actively involved in the formulation of public policy, and regularly includes timely pieces from a broad spectrum of prominent scholars and officials.

American Journal of Jurisprudence

Law School Courses

American Legal History
History of the Common Law
Introduction to Canon Law
Judicial Process Seminar
Jurisprudence (required)
Medieval Legal History Seminar
Social, Legal, and Political Thought of Thomas Aquinas
Social, Legal, and Political Thought of Shakespeare


Related Courses

The Atlantic World (Department of English)
U.S. Legal History (Department of History)
Aquinas on the Virtues, Law, and Politics (Department of Political Science)
Cicero & the Romans (Department of Political Science)
Political Philosophy & the American Founding (Department of Political Science)
Ethics Seminar: Aquinas and his Interlocutors on the Natural Law (Department of Theology)

Concepts and Problems

Courses in this category provide an opportunity for through examination of selected topics. These include difficult normative concepts with implications for morality and law as well as complicated social issues, or fundamental matters of political structure. In addressing such topics, these courses typically bring to bear an array of interdisciplinary resources, such as data from science, medicine and the social sciences, normative work in philosophy, political theory, economics, or theology, or public choice theory and policy studies.

Law School Courses

Advanced Jurisprudence
Bioethics and the Law
Canon Law of Marriage
Canon Law, Selected Topics
Complicity Seminar
Ethics II
International Law and Use of Force
Law and Mental Health
Law Enforcement and Challenge of Terrorism
Mercy & Justice Seminar
Perspectives on Individual, Family, & Social Institutions


Related Courses

Religion, the State, and American Politics (Department of Political Science)
Race and Representation in American Politics (Department of Political Science)
Bioethics (Department of Theology)
Human Rights and Christian Ethics (Department of Theology)
Political Liberation Theology (Department of Theology)

Theories and Frameworks

Courses in this category examine a range of issues through the lens of one or more overarching theories of morality, politics, or law, or in terms of the framework of a legal system with clearly defined normative commitments. They investigate the anthropological, social, and factual presuppositions of such theories or frameworks, explore how they would deal with a range of problems, cases, and controversies, and assess their strengths and weaknesses vis-a-vis competing approaches.

Law School Courses

Catholic Social Thought Seminar
Constitutional Theory
Faith, Morality, and Law
Freedom of Religion
Freedom of Speech
Law & Economics Seminar
Morality and the Law
Professional Responsibility
Property Theory Seminar


Related Courses

American Constitutional Theory & Development (Department of Political Science)
Comparative Law & Politics (Department of Political Science)
Theories of Law (Department of Political Science)
Comparative Religious Ethics, Buddhism/Christianity (Department of Theology)
Catholic Social Teaching (Department of Theology)
Christian Political Theology & Ethics (Department of Theology)

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Contact

Peg Brinig

For more information about this Program of Study or the field of Law, Ethics, and Public Policy, please contact Professor Peg Brinig.