Scribd Logo
Upload

Welcome to Scribd!

  • 5 views

    Carleton Persons and Property Outline

    Uploaded by

    Chris
    Persons and Property Course Outline Carleton

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Carleton Persons and Property Outline

    Uploaded by

    Chris
    5 views4 pages
    Persons and Property Course Outline Carleton

    Original Title

    7. Carleton Persons and Property Outline

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Persons and Property Course Outline Carleton

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    5 views4 pages

    Carleton Persons and Property Outline

    Uploaded by

    Chris
    Persons and Property Course Outline Carleton

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Carleton University Department of Law and Legal Studies

    Course Outline

    Course: LAWS 2201B - Persons and Property

    Prerequisites: LAWS 1000

    Term: Fall 2014

    Class: Day & Time: Tuesday 8.30- 11.30 a.m.

    Location: Please check with Carleton Central for current room location

    Instructor: Professor Neil Sargent

    Contact: Office: D594 Loeb


    Office hours: Tuesday, 1.00 - 3.00 pm
    Wednesday 1.00 - 3.00 pm

    Telephone: 613-520-2600 X. 8853


    Email: [email protected]

    Academic Accommodations

    You may need special arrangements to meet your academic obligations during the term. For an
    accommodation request the processes are as follows:

    Pregnancy obligation: write to me with any requests for academic accommodation during the first two
    weeks of class, or as soon as possible after the need for accommodation is known to exist. For more
    details visit the Equity Services website: http://www2.carleton.ca/equity/

    Religious obligation: write to me with any requests for academic accommodation during the first two
    weeks of class, or as soon as possible after the need for accommodation is known to exist. For more
    details visit the Equity Services website: http://www2.carleton.ca/equity/

    Academic Accommodations for Students with Disabilities: The Paul Menton Centre for Students
    with Disabilities (PMC) provides services to students with Learning Disabilities (LD), psychiatric/mental
    health disabilities, Attention Deficit Hyperactivity Disorder (ADHD), Autism Spectrum Disorders (ASD),
    chronic medical conditions, and impairments in mobility, hearing, and vision. If you have a disability
    requiring academic accommodations in this course, please contact PMC at 613-520-6608 or
    [email protected] for a formal evaluation. If you are already registered with the PMC, contact your PMC
    coordinator to send me your Letter of Accommodation at the beginning of the term, and no later than
    two weeks before the first in-class scheduled test or exam requiring accommodation (if applicable). After
    requesting accommodation from PMC, meet with me to ensure accommodation arrangements are made.
    Please consult the PMC website for the deadline to request accommodations for the formally-scheduled
    exam (if applicable) at http://www2.carleton.ca/pmc/new-and-current-students/dates-and-deadlines/

    You can visit the Equity Services website to view the policies and to obtain more detailed information on
    academic accommodation at http://www2.carleton.ca/equity/
    LAWS 2201B FALL 2014
    Plagiarism
    Plagiarism is presenting, whether intentional or not, the ideas, expression of ideas or work of others
    as one's own. Plagiarism includes reproducing or paraphrasing portions of someone else's published
    or unpublished material, regardless of the source, and presenting these as one's own without
    proper citation or reference to the original source. Examples of sources from which the ideas, expressions
    of ideas or works of others may be drawn from include but are not limited to: books, articles, papers,
    literary compositions and phrases, performance compositions, chemical compounds, art works,
    laboratory reports, research results, calculations and the results of calculations, diagrams, constructions,
    computer reports, computer code/software, and material on the Internet. Plagarism is a serious offence.

    More information on the University’s Academic Integrity Policy can be found at:
    http://www.carleton.ca/studentaffairs/academic-integrity/

    Department Policy

    The Department of Law and Legal Studies operates in association with certain policies and procedures.
    Please review these documents to ensure that your practices meet our Department’s expectations.

    http://www.carleton.ca/law/student-resources/department-policies/

    COURSE DESCRIPTION

    Origins and scope of the concept of person in law and how concepts of legal personality change
    over time. Origins and scope of the concept of property and how concepts of property change
    over time.

    This course examines some of the ways in which law regulates relationships among legal
    persons. We will look at the manner in which concepts of personhood and property are created
    and protected in law, and also how such concepts may be challenged and can change over time.
    The manner in which legal categories and concepts embody particular visions of social life will
    be emphasized. The course will also emphasize the role played by the state in the ordering of
    private law relations. You should learn about how law works, the impact of law and why
    particular rules exist.

    Required texts:
    (Available through Haven Books, on Sunnyside at Seneca avenue).

    Neil Sargent and Logan Atkinson, eds., Just Between the Law and Us Volume 1:
    Persons and Property. Toronto: Captus Press, 2010 (Available from the Carleton University
    Bookstore)
    Logan Atkinson and Neil Sargent, Private Law, Social Life. Toronto: Lexis
    Nexis,Butterworths, 2d. Edition, 2007 (Available from the Carleton University Bookstore)
    2
    LAWS 2201B FALL 2014

    EVALUATION
    (All components must be completed in order to get a passing grade)
    Standing in a course is determined by the course instructor subject to the approval of the
    Department and of the Faculty Dean. This means that grades submitted by the instructor may be
    subject to revision. No grades are final until they have been approved by the Department and
    the Dean.

    Mid Term Essay (October) 40%

    Final Examination (December) 60%

    COURSE SCHEDULE
    Please note: Fall Break is October 27-31 – no class.

    (Note: Chapter references in the following course outline normally refer to “Just Between the
    Law and Us, Volume 1, Persons and Property”. The chapter references to Private Law,
    Social Life are specified separately).

    Part 1

    1. Introduction to the course


    Categories of private law relationships and the limited nature of legal duties
    Readings: Just Between the Law and Us, Chap. 1; Private Law, Social Life, chapter 1

    2. Legal Individualism and the Public/ Private Distinction


    Readings: Chapter 2, especially the articles by Henry Maine and Steven Lukes, Charles
    Taylor, Mallette v. Shulman; Rodriguez v. British Columbia; Morgentaler v. The Queen
    (chapter 5, reading f). Private Law, Social Life, chapter 1

    Part 11

    3. The significance of legal personality


    Persons as subjects of legal rights or objects of legal regulation
    Readings: Chapter 4 ‘a’ and ‘b’; and chapter 5: ‘a’, ‘b’, ‘c’, ‘d’, ‘e’, ‘f’, and ‘g’
    Private Law, Social Life, chapter 2

    4. The family, patriarchy and the legal status of women, continued

    5. Disability and the legal status of children


    3
    LAWS 2201B FALL 2014
    Readings: Chapter 6, a, b, e, f, h, I; Chapter 9, readings a, b, c, d, e, j, l

    6. Aboriginal Peoples and legal dependency


    The problematic history of assimilation policies in Canada
    Readings: Chapter 6, esp. a, b, c, and d

    7. Corporate legal personality and the environment as “person”


    Readings: Chapter 3, b; Chapter 4, readings a, b, d, e, f, g, h, I, j

    Part 111

    8. Legal Conceptions of Property


    Private property; Collective property; and Common property
    Readings: Chapter 10, a, b, c
    Private Law, Social Life, chapter 5

    9. Justifications for property


    (Occupancy theory, labour theory, economic theory and property and personality). Note:
    we will be examining these various justifications for property in relation to physical
    property (Edwards v. Sims), intellectual property, and biotechnology (Moore v. Regents
    of the University of California).
    Readings: Chapter 10, d, e, f, g, h;

    10. Justifications for property continued


    Readings: Chapter 14, a, d, g, h, I, j

    11. Property rights and the family


    Examining shifts in family property systems from 1970-2008
    Readings: Chapter 12, a to f

    12. Property rights and Aboriginal Peoples


    The nature and development of common law aboriginal title claims
    Readings: Chapter 13, a to e
    13. Property rights and the public/ private distinction
    Readings: Chapter 11, a, c, d, e, and f; also Chapter 10, reading i

    You might also like