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Social sciences and humanities

Subject: PHILOSOPHY OF LAW (A.A. 2022/2023)

single-cycle master degrees (5 years) in LAW

Course year 1
CFU 9
Teaching units Unit Filosofia del diritto
Philosophy and Law (lesson)
  • TAF: Basic compulsory subjects SSD: IUS/20 CFU: 9
Teachers: Rosaria PIROSA, Thomas CASADEI
Exam type oral
Evaluation final vote
Teaching language Italiano

Contents for surname initials a-l

Contents download pdf download

Teachers

Rosaria PIROSA

Overview

The 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.

Admission requirements

None

Course contents

Through the analysis of some key authors and issues (from Sophocles' Antigone to the XX century debate "after Hart"), the course deals with the fundamental categories of the philosophical-juridical tradition following a precise order, and more specifically:

•Antiquity, Middle Ages up to the Renaissance, from Antigone to Machiavelli (3 Credits),
•Modernity, from Hobbes to Schmitt / Kelsen (3 Credits),
•Twentieth century debate from Arendt up to the Contemporary Age with the so called “After Hart” (3 Credits).

The articulation of the contents in credits has to be understood as indicative of the current criteria and subject to change according to the feedback from students, as well as having regard to other special needs (i.e. demands for updating).

Teaching methods

The teaching will take the form of dialogical lessons. There will be also some conferences held by external speakers. Finally, for the student there will be the possibility to make some presentations about classical texts chosen by the professor. The course will be held in person compatibly with sanitary provisions and consequent measures.

Assessment methods

- Students who do not attend the course will be examined through an oral examination. An "inverted cone" structure will be followed, from general questions to more specific and detailed ones. Max 6 questions will be asked. An average examination lasts about 30 minutes. - Students who attend the course will have a written test (made by 30 multiple-choice questions, with 4 options each). The final examination is a traditional oral examination, with an "inverted cone" structure, from general questions to more specific and detailed ones. Max 4 questions will be asked. An average examination lasts about 20 minutes. "Students who attend the course" are those who attend the lessons (at least 80%) and pass the written test (both requirements are necessary). The examination criteria will be the following: 1. knowledge and ability to understand the topics; 2. ability to re-elaborate and critically examine the issues addressed; 3. communication skills, starting from the ability to communicate ideas and problems with language properties and good articulation of thought; 4. ability to learn and apply knowledge. Exams will take place orally in person, compatibly with health provisions or particular technical needs.

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

Thomas Casadei, Gianfrancesco Zanetti, Manuale multimediale di Filosofia del diritto. (Giappichelli, Torino, 2022).

The recommended manual is available in the Law Library.

Contents for surname initials m-z

Contents download pdf download

Teachers

Thomas CASADEI

Overview

The 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.

Admission requirements

None

Course contents

Through the analysis of some key authors and issues (from Sophocles' Antigone to the XX century debate "after Hart"), the course deals with the fundamental categories of the philosophical-juridical tradition following a precise order, and more specifically:

•Antiquity, Middle Ages up to the Renaissance, from Antigone to Machiavelli (3 Credits),
•Modernity, from Hobbes to Schmitt / Kelsen (3 Credits),
•Twentieth century debate from Arendt up to the Contemporary Age with the so called “After Hart” (3 Credits).

The articulation of the contents in credits has to be understood as indicative of the current criteria and subject to change according to the feedback from students, as well as having regard to other special needs (i.e. demands for updating).

Teaching methods

The teaching will take the form of dialogical lessons. There will be also some conferences held by external speakers. Finally, for the student there will be the possibility to make some presentations about classical texts chosen by the professor. The course will take place on campus, compatibly with sanitary provisions and consequent measures.

Assessment methods

- Students who do not attend the course will be examined through an oral examination. An "inverted cone" structure will be followed, from general questions to more specific and detailed ones. Max 6 questions will be asked. An average examination lasts about 30 minutes. - Students who attend the course will have a written test (made by 30 multiple-choice questions, with 4 options each). The final examination is a traditional oral examination, with an "inverted cone" structure, from general questions to more specific and detailed ones. Max 4 questions will be asked. An average examination lasts about 20 minutes. "Students who attend the course" are those who attend the lessons (at least 80%) and pass the written test (both requirements are necessary). The examination criteria will be the following: 1. knowledge and ability to understand the topics; 2. ability to re-elaborate and critically examine the issues addressed; 3. communication skills, starting from the ability to communicate ideas and problems with language properties and good articulation of thought; 4. ability to learn and apply knowledge. Exams will take place on campus, compatibly with sanitary provisions and consequent measures.

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

Thomas Casadei, Gianfrancesco Zanetti, Manuale multimediale di Filosofia del diritto. (Giappichelli, Torino, 2022)

Il manuale consigliato è presente in Biblioteca Giuridica.