Scientific Disciplinary Sector (SSD)
IUS/20 - PHILOSOPHY OF LAW
1° periodo lezioni (1A), 1° periodo lezioni (1B)
The purpose of this course is to provide students with those basic conceptual elements that will help them to perceive the endless complexity of the legal phenomenon, consenting to acquire the capacity to work with knowledges derived from the evolution of philosophical outlines. Specifically, the course focuses on how the determination of the law is the result of a research process whose starting point and conclusion can never be taken for granted by the jurist. At the end of the course, students will develop the ability to formulate, in an autonomous and critical way, judgements and elaborated arguments on the main legal questions dealt with in class.
Prerequisites and basic notions
No previous knowledge required.
The course will be divided into three parts.
The first part will introduce the main theories on the nature of the legal phenomenon.
The second part will consist in a survey of some of the most significant themes and problems that are the object of reflection in the Philosophy of Law (law and morality, legal language, meanings of the term 'law', legal norms, legal system).
Finally, the third part will be devoted to the method of jurists, with particular reference to the interpretative and argumentative activity aimed at the (re)construction of the legal case.
The course consists of 54 hours of lectures supported by the use of Power Point presentations.
For a better assimilation of the topics addressed and developed within the course, in-depth analysis is also planned through the screening of a film and a seminar lecture by another lecturer.
Learning assessment procedures
For students attending lectures, the learning assessment will consist of a written pre-assessment on the part of the course programme taken so far and a final written assessment, both structured in open-ended questions. If the pre-assessment test is not taken, an overall written assessment, also structured in open-ended questions, will take place. In any case, in order to obtain the final mark, the option of an oral supplement is reserved. If parts of the course programme are found to be insufficient in one or both tests, a compulsory oral integration is envisaged following the final or single written assessment, provided that the sufficient answers in that assessment prevail over the insufficient ones; otherwise, the student will have to repeat the entire assessment (in a single solution).
For students who don’t attend lectures, the learning test will consist of a written assessment, structured in open-ended questions. Passing the test will result in a passing mark, subject always to the option of a final oral integration. If, on the contrary, certain parts of the course programme are found to be insufficient, a compulsory oral integration is envisaged, provided that the sufficient answers in the assessment prevail over the insufficient ones; otherwise, the student will have to repeat the entire assessment.
Erasmus students may have the opportunity to discuss orally a thesis on a topic arranged with the lecturer in relation to the relationship between law and morality.
The learning assessment will be carried out in Italian, without prejudice, for Erasmus students, to the possibility of presenting the thesis in English or Spanish.
The examination will deal with the texts included in the bibliography, with the aim of assessing the students' ability to discuss the topics addressed in the course. In particular, the student must demonstrate
- understanding and knowledge;
- ability to formulate judgements;
- communicative qualities;
- method of study.
For attending students as well as for non-attending students, the final assessment is expressed in 30ths, the final assessment, expressed in 30ths, will be made taking into account:
a) the depth and breadth of knowledge acquired;
b) the property of language
c) analytical and argumentative capacity;
d) the capacity for critical reflection.
Criteria for the composition of the final grade
For students who attend lectures:
- the positive result of the written pre-assessment, expressed in 30ths, will be averaged with the result of the final written test;
- the result of the final written test, consisting of open-ended questions, may lead to the awarding of the mark, subject to optional oral integration, or may be subject to compulsory oral integration;
- in the event of a negative result in the final written test, the positive result of the pre-assessment will be considered valid until the following examination session, after which the examination must be taken again in full;
- in the event that the pre-test has not been taken, the mark obtained as a result of the assessment shall be a single mark, without prejudice to the faculty or the possible obligation of oral integration.
For students who do not attend lectures:
the examination will take the form of a single written test consisting of open-ended questions. If the student passes this test, he/she will either receive the mark directly, except for optional oral integration, or will be subject to compulsory oral integration.