FRONTIERS OF JURISPRUDENCE: LEGAL FICTION AND SCIENCE FICTION

LAWS599, LAWS499, JURI499 and POLS 416

Fall 2010

Professor	Time/Location	Office Hours	Contact Information
Jack Baldwin LeClair	Monday Through Thursday, 1-2:15 PM	by appointment and as posted	Tel: 973.655.7953
MA, Ed.S, J.D	Dickson 314		Law Office: 201.213.9600
			Fax: 973.655.7951
			email:leclairj@mail.montclair.edu

Materials and Resources

Required Reading

Gray, Chris Hables. The Cyborg Handbook. (New York: Routledge, Latest Editioin)="G" on reading list below.

Other Reading

As posted on the syllabus or BlackBoard.

Blackboard

Referred to as Bb - See readings at http://montclair.blackboard.com

Grading

Midterm Examination	35%
Final Examination	35%
Classroom Participation	20%
Paper, Homework, and Lab Assignments	10%

PURPOSE OF THIS COURSE

This course is taught at several levels: graduate, undergraduate, and paralegal. Students must read the assignments prior to class, come prepared to discuss the issues intelligently, participate in class discussions, and be prepared to apply their knowledge creatively to problems assigned in class. The purpose of the course and its rules are as follows - being a Trekie helps:

To boldly go where no law course has gone before.
To explore the various threads of technology, philosophy, and law in the rise of American machine culture and human/machine convergence.
To develop an understanding of the evolution of law in the conflict of machine culture and humanism.
To view the various refractions of future legal theory through the prism of speculative and future fiction
To expand conceptions of social justice, global legal consciousness, and and legal resolution using various tools of legal reasoning.

NOTES

Reading assignments must be prepared in advance of the class meeting date.
Not all course material is covered in the text. Examinations may include material covered by lecture, class discussion, handouts, demonstrations or lab sessions in addition to assigned readings.
There will be no makeup examinations.(1)
Class attendance is mandatory and class participation will be rewarded.
Recommended reference books and supplemental reading materials will be assigned.
Students are encouraged to work cooperatively.
DO NOT FAX ASSIGNMENTS UNDER ANY CIRCUMSTANCES.

TOPICS AND ASSIGNMENTS

All assigned chapters refer to the text. Specific assignments within the pages assigned may be announced in class. All topics will be covered on a flexible schedule depending on the needs of the class, and other factors. Preliminary dates are provided.

DATE/ TOPIC / SYNOPSIS/ ASSIGNMENT

PART I - The Nature of Law, The Machine Culture, Humanity, Consciousness, Rights, and Reason
09.02.10	The nature of American law in the context of American culture. What is the machine cutlure and how the machine works in the context of historical and philosophical history.	Social motivation and legal motivation explored. The distinction between the profit motive and machine rules. Exploring what we value as human beings. What is humanism? The American legal system and its threads of development, a multi-threaded fabric with multiple designs worn by all.	Video: Rage Against the Machines (Not the rock group) G: Introduction; G:2.6
09.07.10	Government by technology-- "...government is best that governs least" - Maybe not...See Thoureau's "On Civil Disobedience" The increasing legal bandwidth - The Eplubnista and other source documents.	If law reflects culture and machine rules replace culture then law will reflect machine rules. Oswald Spengler in Decline of the West written in the early 20th century attempted to determine how pre-industrial societies were born, matured, and died.	Film: Gattaca Assignment: Essay # 1 - G:1.1, 1.2, 1.3, 1.4, 1.5, 5.4 See Readings in Bb: Assigned Readings #1 and #2. under Law Reviews and Case Law
9.09.10	Tabula rasa - If individual consciousness is built from bits of culture as filtered by experience, can machine rules be internalized and override human norms and vice versa?
09.14.10	Big Pharma and problem of the medicalization of Natural Conditions		See BlackBoard
09.16.10	The machine culture and modified man as measure of social progress.	To what human characteristics do we attribute human rights or personhood? Can we lose our rights: Abu Graib, The Patriot Act, Roe v. Wade? Are rights universal or jurisdictional?	Film: Colossus: The Forbin Project - 100 min. Assignment: Essay # 2 - Answer the question: "Are The Patriot Act, Roe v. Wade, and Abu Graib symptomatic of the machine culture?" Using the readings, movies, and discussion explore the machine culture and its ramifications in global socio-economic terms. Incorporate recent legal issues as reported in the popular press to buttress your conclusion.
09.21.10	Is a culture controlled by a machine the same as machine culture? What is the difference?		See BlackBoard
09.23.10	What is the origin of bureacracy? Is bureaucracy machine culture? Is man part of nature or has s/he evolved beyond?	Assignment: Essay #3 : Relate changes in human consciousness caused by media to changes in law and interpretation of law. G:G:6.1, 6.2, 6.3	Film: Brazil Reading: Assignments - Thoureau, Henry David On the Duty of Civil Disobedience:See the American Transcendentalist Movement. Assignment # 2 Due.G:5.2, 5.5
09.28.10	Is bureaucracy a necessary management tool of society or an abomination?		Hannah Arendt on The Human Condition
PART II - The Decline of Humanity, Government by Technology, and the New Cyborg Reality
09.30.10	Does the convergence of technology when rights are dispelled mean that dystopia is inevitable?		Film: The Corporation
10.05.10	What are the checks and balances in machine government?
10.07.10	What is an artificial person? Rights, liberties, and justice for all...higher level mammals?	From whence do rights come?
10.12.10	The development of the corporation rights as personhood.
10.14.10	The Issue of DNA and the right to own it.
10.19.10	Utopia vs. dystopia considered - What it means to be human - Do androids dream of electric sheep?	The legal issues engendered by cloning. Does DNA define a human being? Are human rights derivative of humanity?	Film: Bladerunner G:1.6, 3.1, 3.2, 3.3, 3.4, 3.6, 3.7., 3.8
10.21.10	DNA and human cloning as social progress or profit making device of machine culture?
10.26.10	At what point to fundamental rights attach?
10.28.10	MIDTERM EXAMINATION - TAKE HOME DUE on 11.02.10
11.02.10	The nature of the cyborg. To what degree are we less human if modified? What it means to be human. When do we become less than human? Do quasi-humans have rights?		Film: Robocop BlackBoard - Assigned Readings . under Law Reviews and Case Law
11.04.10	Are there artifical persons? What are they?
11.09.10	When does a man become a machine and vice versa?		Fin de siecle of man - Film: Bicentennial Man G: 2.1, 5.1,
11.11.10	What is the point at which rights are granted to non-humans?
11.16.10	Animal Rights as positive or natural law?
11.18.10	What it means to be sentient - Could I have some emotion chips with that beer?		Film: The Measure of a Man
11.23.10	Can sentient life be non-carbon based?
11.25.10 - Thanksgiving -	NO CLASS
11.30.10	What about the outsourcing of war and the maintenance of constant warfare as a means of social control?		Film: A Taste of Armagedon
12.06.10	Can human rights be subservient to general welfare?
12.08.10	We are the Body Electric	the global mind and a final look at the here and now. The ultimate domination of man by machine culture and the denial of sentience in machine by man..	Film: The Matrix Fin de siecle:symbiosis of man and machine - G:6.4, 6.5, 6.6.
12.13.10	Final Recap and discussion of Law and Technology.
12.14.10	FINAL EXAMINATION Cyborg evolution through technology and the ascendency of the machine culture.

(1) Make up exams will only be considered in the event of kidnapping, terrorist acts, national emergency, or death (yours)