Social sciences and humanities
Subject: SOCIOLOGY OF LAW AND LEGAL INFORMATION TECHNOLOGY ELEMENTS (A.A. 2020/2021)
Unit Sociologia del diritto ed elementi di informatica giuridica
Philosophy and Law (lesson)
The course aims at letting the students learn the role, that the legal order has in the integration of our pluralist society of communication. Thus students will: 1) study the solutions given by the classics of the sociology to the issue of integration. They will understand the reasons why those solutions, conceived for an homogeneous society and based on a material consensus upon values, do not work at all for a pluralist society; 2) understand the difference between integration and inclusion of society by grasping a transfotnation in the law: that is, near the paradigm of authoritative decision of the judge is growing a model for mediation and negotiation of values and institutions; 3) deepen the question of social integration from the point of view of the internet communication, emphasising the dangers of social dis-integration and fragmentation, that the web can create if not being organised through a democratic and constitutional conception, that views individuals not only as "information custumers", but also as citizens capable to produce and let circulate information.
The course is divided into three parts. The first one is an historical introduction 1) to the socio-legal theory of social integration.
In the second part of the course the problems at stake with legal pluralism in a multicultural society are discussed. Some of the issue are: the crisis of legal universalism; the integrative role of law and the constitution for social integration; the acceptance of judicial decisions and mediation.
The third part is concerned with some constitutional issues linked with the realm of internet and related to the central problem of the social integration of the citizen/customer surfing in the www.
The course is offered in the Second Semester either on line or on campus depending on the evolution of the Covid-19 situation. In any case, the lessons will be also recorded and available on Dolly (http://dolly.blended.giurisprudenza.unimore.it/). As we know, the didactical focus has shifted from a mere quantitative knowledge to the real acquirement of linguistic and lexical capacities, and effective improvement of knowledge, it is essential to involve the student in the lessons. Thus, at the beginning of every lesson the professor will ask some questions to the student concerning the past arguments explained. The student are also asked to raise queries and reflect on the issues at stake.
Questions will be asked at the beginning of the lessons to check students’ learning. The real assessment knowledge will be carried out via oral examination, lasting normally about 20 minutes. Exams will take place either on campus or on line depending on the evolution of the Covid-19 situation. For students who wish to, there will be the possibility to take a multiple choice test with 15 questions in the middle and at the end of the course. If the results of the tests are sufficiently good (min. 9 out of 15) the results could constitute the basis for the final mark of the examination.
1. Knowledge and understanding: through the knowledge of the socio-legal institutionalist theories presented in the lessons the students will be able to understand the meaning of the general problem at stake: the integration of our pluralist society through law.
2. Ability to apply knowledge and understanding: with the notions learned students will be able to define a situation as a conflictual one and to deal with it using conceptual instruments like rights and the respect for other and foreign people.
3. Independent judgement: this capacity will be supported by learning the meaning of the question of social integration through law. To deal with it students as future legal experts will be able to choose conceptual instruments and devices, according to their general training.
4. Communicative capacities: The learning of the legal and sociological notions the student will be able to communicate meaningfull legal contenuts at the work place. The oral examination will give the student the possibility to express the learned concepts with an appropriate language and to properly present the arguments, that had been discussed in the lessons.
5. Learning capacity: both the active participation in the lessons and studying of the textbooks will let the students to acquire the proper instruments for an autonomous and adequate updating.
Testi per la preparazione dell’esame
1) F. Belvisi, Verso l'inclusione, Clueb, Bologna 2012;
2) F. Belvisi, Società multiculturale, diritti, costituzione, Clueb, Bologna, 2000 (escluso il cap. III);
3) C. Sunstein, #Republic, il Mulino, Bologna, 2017 (dal cap 1 al cap. 6 e cap. 10).
Il docente si riserva di fornire del materiale integrativo sui temi svolti a lezione, che rientreranno nel programma di studio.