Scientific Disciplinary Sector (SSD)
IUS/20 - PHILOSOPHY OF LAW
1° periodo lezioni (1A), 1° periodo lezioni (1B)
The course is intended to provide the student with the knowledge of the complexity of law and of its fundamental logic, as well as of the evolution of the main philosophical and methodological schools oriented to explain the legal dimension of social relationships.
At the end of the course, the student will be able to elaborate on legal issues, in both written and oral forms, applying concepts and categories of the general theory of law, developing proper reasoning and argumentation, using an appropriate and specific vocabulary, reaching independent judgement on actual cases, adopting a method based on continuous learning and knowledge updating.
The course combines 48 hours of lectures with a 12-hour online workshop, 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.
The course will be divided into three parts. After an initial part devoted to the pre-understanding of what constitutes 'law', and a subsequent part devoted to the main legal concepts identified by the General Theory of Law, the course will focus – in its last part – on the determination of law in the concrete case as the outcome of an interpretative and argumentative process whose starting and finishing points can be said to be anything but predictable for the jurist.
Lectures (8 CFU, 48 hours)
A) Presentation of the course
B) Part I - L. L. Fuller, 'Il caso degli speleologi'
- Introduction: law as a complex phenomenon
- Historical Background to the Speleologists' Case
- Exposition of the case of the cavers' case
- Opinions of the Supreme Court Justices (of Newgarth)
- A fiction to understand the main theories on law
C) Part II - A. Catania, 'Manuale di teoria generale del diritto'
- General theory of law
- Concept of 'law
- What is the 'legal system'?
- The legal norm: definition, validity, effectiveness and structure
- Functions of law
D) Part III - V. Velluzzi, 'Le Preleggi e l'interpretazione'
- The legal method
- The legal language
- The legal dispute
- Legal interpretation and legal argumentation
- The problem of reconstruction of legal fact
Distance learning in synchronous mode (1 CFU Lab, 12 hours)
A) Legal globalisation
B) State and law today
C) A critical issue of our time
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
The examination will take the form of a written test consisting of open-ended questions. If the student passes this test, he/she will either receive the mark directly, subject to optional oral integration, or be subject to compulsory oral integration. In both cases, 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.
The assessment of learning will be carried out in Italian.
Evaluation criteria and grade composition
For students who attend the 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;
- the assessment of the teaching activities carried out in the 'laboratory' must be considered to all intents and purposes as part of the overall assessment.
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.
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.