Reason and Passion in the Law (20645). 2 units. Should a judge seek, in the words of Roberts CJ, to be like a baseball umpire, a mechanical instrrument of pure, detached reason? Or should a judge acknowledge, as did Brennan J, that she or he has an active personality on the Bench that should be conscientiously imbued with passion [human empathy]? The course will offer reflections on the actual processes involved in judging, and look at landmark cases heard by South Africa's first Constitutional Court on: terrorism and torture; social and economic rights; the truth commission and restorative justice; same-sex marriages; and whether the law has a sense of humor. Using the U.S. Supreme Court as a counterpoint, the class will examine the inextricable, if at times baffling, link between reason and passion in the law. The seminars will take place during the first half of the term. Paper required. A. Sachs.
Note: This class will meet on the following days: September 3, 8, 9, 15, 16, 22, 23, 29, 30; October 6, 7, 14, 15. the first and last class meetings will be on Wednesday (September 3 and October 15); all other classes will be on Monday or Tuesday; all at 4:10-6 p.m.