Law 957 - Hard Cases Make Bad (Human Rights) Law

Joseph Weiler

Joseph Weiler

Visiting Professor
B.A. University of Sussex
LL.B. Cambridge University
LL.M. Cambridge University
Diploma in International Law, Hague Academy of International Law, The Netherlands
Ph.D. European University Institute
Course Description:

In this course students will analyze eight different Human Rights Cases from a variety of jurisdictions: The European Court of Human Rights, The European Court of Justice, the InterAmerican Court of Human Rights, the UK Supreme Court (formerly the House of Lords), the American Supreme Court, the Canadian Supreme Court, the Israeli Supreme Court and a handful of others.

In each instance a case will be chosen where (in the eyes of the instructor) the normativity is not clear cut and the law too may or might be ambiguous or even ambivalent. Different analytical methodologies will be used ranging from Legal Realism, through Sociological Jurisprudence, to classical positivism. Different perspectives and legal skill will be cultivated.

Students will be called not only to analyze the cases but prepare in some instance an hypothetical appeal and argue such in class.

Course Learning Outcomes:

By the end of the course students will enhance their skills in

a. contextual -- political, economic, and social - analysis and evaluation of judicial decisions in the field of human rights

b. understanding a variety of hermeneutic skills and perspective from different jurisdictions

c. understanding complex normative situations which do not lend themselves to clear cut moral evaluation. 

d. advocacy and public speaking skills

Course Information:
​Faculty Term Course Section ​Schedule ​Units Requisite Satisfies SAW
Joseph Weiler 21S 957 SEM 1 Unscheduled 2.0 No No
  Course meets 1/4/21 - 1/7/21 and 1/11/21 - 1/14/21 from 9:00am - 12:20pm.
Human Rights; Mini-Courses;