Teaching code

4S00316

Teacher

Andrea Favaro

Coordinator

Andrea Favaro

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/20 - PHILOSOPHY OF LAW

Period

1° periodo lezioni (1A), 1° periodo lezioni (1B)

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

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

None

Program

After an introduction on the history of the philosophy of law, the structural and functional characteristics of legal knowledge are presented, depending on the assumption of the paradigms of scientific rationality and philosophical intelligence.
For the general part, the course will be developed in two different sections.
The first section is devoted to the reconstruction of the process that has configured the salient aspects of the modern paradigm of the legal system as a true ‘geometry’: at the historical level, it will study
historical level, some fundamental stages will be studied (Marsilius, Machiavelli, Bodin, Hobbes, Locke, Kant, Rousseau, Kelsen) while at the theoretical level, its main nodes will be identified (state of nature, social contract, sovereign power, legal monopoly the rule of law and the welfare state), highlighting the main aporias that, manifesting themselves between the lines of its main arguments, undermine the ‘legal geometry’ within it, postulating its inevitable overcoming (the aporia of the Grundnorm, the aporia of the general will, the aporia of declarations of human rights and the aporia of the
of the declarations of human rights and the aporia of individualism).
The special part will present, on the one hand, some in-depth topics of the Course in the epistemological, philosophical-political and penal fields as well as in the history of ideas and, on the other hand, some scholars of 20th century natural law.

Bibliography

Didactic methods

In view of the Course Objectives, the teaching method aims to encourage learning by means of lessons that stimulate the constant participation of students in a maieutic dimension, through references to the contingent topicality of legal experience.
The teaching also stimulates an experimental form of collaborative didactics that aims to recover the learning style proper to the medieval quaestio, by virtue of the classroom discussion of contributions and texts previously made available.

Learning assessment procedures

The course concludes with a structured examination in oral form. In the final hours of the course, the details of the examination will be explained.
As stipulated in the faculty regulations, an intermediate examination on the topics covered during the course is scheduled at the end of the 1st lecture period (2A).
The date of this will be announced during the lectures.
If the outcome of the test is positive, the student will be awarded a grade in thirtieths and will be exempt from answering, in the final written examination, the questions relating to the topics covered in the mid-term test.
The grade awarded will be considered valid only for the academic year in which the midterm was taken.
Language used in the final examination.
The learning assessment will be conducted in Italian.
ERASMUS students will be able to choose whether to take the test in Italian or in English, subject to agreement with the professor.
Students who attend most of the lectures will take the exam by preparing themselves on the lecture notes and supporting bibliography.
Students who do not attend most of the lectures will take the examination preparing themselves on a different and different bibliography.

Evaluation criteria

The final evaluation is expressed in thirtieths.
The awarding of honours is linked to the following assessment of the examination paper: complete autonomy of the student, complete control of the discipline, particularly appreciable critical and argumentative capacity of the student.
In the assessment of the ability required for this purpose, special consideration will be given to the critical study of the special part.

Criteria for the composition of the final grade

The grade (18-21) corresponds to a sufficient, albeit minimal and not in-depth knowledge of the subject; the grade (22-25) shows a more than sufficient/discreet knowledge of the contents; the grade (26-28) highlights a good/very good knowledge of the subject structures and a critical capacity of the student/ pupil. The assessment (29-30 and honours) corresponds to an excellent/excellent knowledge of the subject accompanied by an excellent/excellent critical, analytical and connecting ability. The study of the special part will also be taken into account in the assessment of critical capacity.

Exam language

Italiana (v. supra)