Social sciences and humanities
Subject: PHILOSOPHY OF LAW (A.A. 2020/2021)
single-cycle master degrees (5 years) in LAW
| Course year | 1 |
|---|---|
| CFU | 9 |
| Teaching units |
Unit Filosofia del diritto
Philosophy and Law (lesson)
|
| Exam type | oral |
| Evaluation | final vote |
| Teaching language | Italiano |
Contents for surname initials m-z
Teachers
Overview
The first aim of the course is the acquisition of a solid knowledge of the philosophical fundaments of the issues, of the categories and, not least, of the most relevant authors of philosophical-juridical thought, from the Sophocles' Antigone to the elaboration of H.L.A. Hart to the main issues of contemporary debate.
The second aim of the course is the acquisition of some instruments which are necessary for a gender approach to law, as well as for the promotion of a culture that respects pluralism and differences (such as, for example, gender difference).
Admission requirements
None
Course contents
The course is divided into two parts.
The first – through some key authors – deals with the fundamental categories of the philosophical-juridical tradition as well as the paradigmatic arguments of the theory of law, both in a historical and in a critical way.
The second part offers a theoretical reconstruction of the reflections of the feminist jurisprudence about rights. To this extent, issues such as equality/difference, universalism/contextualism, cultural pluralism, human dignity, bioethics challenges and institutional policies to promote parity will be examined.
Teaching methods
The teaching will take the form of traditional lessons, that will be also recorded and available on Dolly (http://dolly.giurisprudenza.unimore.it/). There will be also some conferences held by external speakers. Finally, for the student there will be the possibility to make some presentations about texts chosen by the professor.
Assessment methods
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 max 20 minutes. For students who wish to, there will be the possibility to take a multiple choice test 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 final mark of the examination.
Learning outcomes
1. Knowledge and understanding: through the knowledge of the main legal theories the students will be able to understand the current constitutional conception of law, which supersedes both the natural law and the positive law doctrines.
2. Ability to apply knowledge and understanding: with the notions learned students will be able to interpret and apply the law in real cases, taking into account both the fundamental constitutional principles and the concern for real, potentially vulnerable people.
3. Independent judgement: this capacity will be supported by learning the nature of the constitutional principles of our legal system. To be applied they need to be given a certain meaning, which will be inevitably chosen by the student as a future legal expert, according to their general training.
4. Communicative capacities: The learning of the legal and philosophical notions the student will be able to communicate meaningfull legal contenuts. 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.
Readings
1) Thomas Casadei, Gianfrancesco Zanetti, Manuale di Filosofia del diritto. Figure, categorie e contesti (Giappichelli, Torino n.e. 2020);
2) Thomas Casadei (a cura di), Donne, diritto, diritti. Prospettive del giusfemminismo (Giappichelli, Torino 2015).
Contents for surname initials a-l
Teachers
Overview
The course aims to form a jurist or a legal expert, which 1) knows the main conceptual steps (codification, rule of law) and autors (e.g., Kelsen, Hart, Dworkin, Alexy), that in the last three centuries brought the legal culture to conceive a constitutional conception of the legal order; and 2) has a good knowledge of the philosophical fundaments of the Italian constitutional order.
Admission requirements
None
Course contents
The course is divided into two parts: the first one is about the relation between natural and positive law and its consequences on the actual debate on law and morals (Alexy, Dworkin). The second part stresses some fundamental issues of the legal and political philosophy beginning with the principles of the first three articles of the Italian Constitution. The aim is to reconstruct "the philosophical grounds of constitutionalism".
Teaching methods
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, in the Academic Year 2020-2021, lessons will be available also on line (http://dolly.giurisprudenza.unimore.it/). There will be also some conferences held by external speakers. Finally, for the student there will be the possibility to make some presentations about texts chosen by the professor.
Assessment methods
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 max 20 minutes. In any cases, exams will take place either on campus or on line depending on the evolution of the Covid-19 situation. For students who wish, there will be the possibility to take a multiple choice test 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.
Learning outcomes
1. Knowledge and understanding: through the knowledge of the main legal theories the students will be able to understand the current constitutional conception of law, which supersedes both the natural law and the positive law doctrines.
2. Ability to apply knowledge and understanding: with the notions learned students will be able to interpret and apply the law in real cases, taking into account both the fundamental constitutional principles and the concern for real, potentially vulnerable people.
3. Independent judgement: this capacity will be supported by learning the nature of the constitutional principles of our legal system. To be applied they need to be given a certain meaning, which will be inevitably chosen by the student as a future legal expert, according to their general training.
4. Communicative capacities: The learning of the legal and philosophical notions the student will be able to communicate meaningfull legal contenuts. 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.
Readings
I testi su cui verteranno le lezioni e, quindi, che dovranno essere preparati per l'esame sono due:
1) AA. VV., Prospettive di filosofia del diritto del nostro tempo, Giappichelli, Torino, 2010 (esclusi i capp. II, V, VI, IX e XI);
2) A. Barbera (a cura di), Le basi filosofiche del costituzionalismo, Laterza, Roma-Bari, 2007 e segg. (esclusi i contributi su Popolo, Stato, Sovranità).
Il docente si riserva di fornire materiale didattico integrativo sulla materia svolta a lezione.