Contemporary Moral Problems: Land Use
(Philosophy 310)

David L. Rouse
Clinch Valley College
Wise, Virginia, USA

Spring 1994

Instructor Comments

I taught the course on Land Use Ethics Spring 1994. Both in my own judgment and that of the students as expressed in the course evaluations, it was one of the most successful in my twenty years of teaching.

All but one of the students lived within our seven county primary service area. The one who did not is an environmental science major with special interests in the subject area. The relevance of the course to the students' lives and experience was one element which made the course successful.

The other element was the use I made of visiting speakers to the class. With the exception of philosopher Lewis Gordon, they were all involved with a land use question in Southwest Virginia. Gordon had worked in African-American communities in New York City, and shared with the class the commonalities and contrasts between New York and Appalachia.

My advise to anyone who might try such a course, especially at the undergraduate level, is to focus the discussion on local problems and encourage the students to research local problems. This gives a concreteness to philosophical and legal questions that is often difficult to achieve. It also allows the students to connect their research to real problems, the solution to which can make a difference in their lives and that of their communities.




SYLLABUS

TEXTS

Robert R. Wright and Susan Webber Wright. Land Use in a Nutshell. 2nd ed. St. Paul, MN: West Publishing Co., 1985.
Lynton Keith Caldwell and Kristin Shrader-Frechette. Policy for Land: Law and Ethics. Lanham, MD: Rowman & Littlefield, 1993.

PURPOSE OF THE COURSE

The purpose of the course is to introduce the student to methods of philosophical analysis and moral traditions through an examination of contemporary moral problems. This semester, the course will focus on land policy and land use, with special attention to the Appalachian region.

COURSE REQUIREMENTS AND GRADING

Students are expected to attend class and do the assigned readings before each class session. The course grade will be based on a mid-semester exam, a final exam, and a term paper (7-10 pages), each counting 1/4 of the course grade. The final quarter of the course grade will be determined by the amount and quality of class participation. In addition to the readings and class discussion, we will have several guest speakers during the course of the semester. Students will be expected to prepare for the guests by having intelligent and well formulated questions on the topics.

Students should be aware that they are expected to attend and participate actively in classes. Failure to attend and participate actively may result in the Vice Chancellor and Dean, upon the written recommendation of the instructor, excluding the student from the course with a grade of "W". After the last day for dropping a course, a student who fails to attend and participate actively in class will receive an "F" for the course.


CLASS SCHEDULE

Class 1. Introduction to the Course
Class 2. The Control of Land Use

Wright & Wright, pp. 1-9

Class 3. Common Law Controls on the Use of Land
Wright & Wright, pp. 10-30

Class 4. Private Law Devices
Wright & Wright, pp. 31-48

Class 5. Planning and the Planner
Wright & Wright, pp. 49-79

Class 6. Regulation of Land Development
Wright & Wright, pp. 80-132

Class 7. Zoning
Wright & Wright, pp. 133-174

Class 8. Zoning and Discrimination
Wright & Wright, pp. 175-212

Class 9. Guest Speaker
Raul Gagne, Chief Forester, Clinch District, Jefferson National Forest

Class 10. Aesthetics and Preservation of Historical and Cultural Resources
Wright & Wright, pp. 213-225

Class 11. Guest Speaker
Lewis Gordon, Philosophy, Purdue University

Class 12. Natural Resources
Wright & Wright, pp. 226-234

Class 13. Environtmental Control
Wright & Wright, pp. 235-249

Class 14. Housing and Urban Renewal
Wright & Wright, pp. 250-279

Class 15. Guest Speaker
Delmer Wilson, Wise Co., Commissioner of Revenue

Class16. Guest Speaker
Paul Kuzsko, grant recipient for developing micro-enterprises

Class 17. Eminent Domain and the Police Power
Wright & Wright, pp. 280-310

Class 18. Guest Speaker
Donnie Dowell, Wise Co., Supervisor and grant recipient for development of Guest River Gorge

Class 19. Taxation and the Control of Land Use
Wright & Wright, pp. 311-326

Class 20. New Influencing Considerations: Energy and Space
Wright & Wright, pp. 327-339

Class 21. Exam

Class 22. New Perspectives on Policy for Land
Caldwell and Shrader-Frechette, pp. 1-62

Class 23 Ownership
Caldwell and Shrader-Frechette, pp. 63-110

Class 24. Field Trip: Horse Logging in the Jefferson Forest

Class 25. Two Case Studies
Caldwell and Shrader-Frechette, pp. 111-131

Class 26. Limits to Policy
Caldwell and Shrader-Frechette, pp. 133-159

Class 27. International Issues
Caldwell and Shrader-Frechette, pp. 161-179

Class 28. The Ecosystem
Caldwell and Shrader-Frechette, pp. 183-226

Class 29. Practical Steps and Ethical Justifications
Caldwell and Shrader-Frechette, pp. 227-243

Class 30. A National Policy for Land?
Caldwell and Shrader-Frechette, pp. 245-260

Class 31. Field Trip: Chestnut Ridge Farm
Owned and managed by Richard Austin, Environmental Theologian

Class 32. Appalachian Symposium
"Civic Infrastructure" with Ronald Eller, John Gaventa and Helen Lewis. Required attendance.

Class 33. Guest Speaker
Delegate Clarence Phillips: "On Mining and Water Resources"

Class 34. Term Papers Due