From XIX century legislative state to XX constitutional democratic state. Formalism and anti-formalism. Legal Positivism and Natural Law theory. Analysis of normative language. Analysis of basic legal concepts (“law”, “right”, “legal system”, “legal norm”, “legal sanction”). Models and forms of legal reasoning. Legal interpretation. Relations between positive law and morals
Lectures
The discussion about the concept of law – The relation between law and morality – Different kinds of Legal Positivism and Natural Law Theories. Different kinds of legal systems and legal norms – The concepts of validity, efficacy and applicability of norms. Interpretation and application of legal norms: logic, semantic and axiological problems. Legal reasoning. The justification of the judicial decisions. Some fundamental legal concepts. An analysis of law from a moral and political perspective.
Regular Students that attend the course: 1- M. Barberis, Introduzione allo studio del diritto, Giappichelli, Torino, 2014 ( 234 pp.).
2- C. S. Nino, Introduzione all’analisi del diritto, Giappichelli, Torino, 1996, chap. IV (pp. 69) e chap. VII (77 pp.).
Students that do not attend the course: 1- C. S. Nino, Introduzione all’analisi del diritto, Giappichelli, Torino, 1996 (398 pp).
2- G. Pino, A. Schiavello, V. Villa (eds.), Filosofia del diritto. Introduzione critica al pensiero giuridico e al diritto positivo, Giappichelli, Torino, 2013 (Part III, chap. 3 and 5; Part IV, chap. 1, 3 and 4. Total: .131pp.)
MARIA CRISTINA REDONDO NATELLA (President)
ALEJANDRO CALZETTA
PIERLUIGI CHIASSONI
PAOLO COMANDUCCI
ISABEL FANLO CORTES
LUCA MALAGOLI
EDWIN MAURICIO MALDONADO
REALINO MARRA
GIOVANNI BATTISTA RATTI
NATALIA SCAVUZZO
LAURA SCUDIERI
PHILOSOPHY OF LAW C
Students who attend the course: written and oral exam.
Students who do not attend the course: oral exam.
The students who attend the course will have an exam divided into two parts. In the first one – which will be written - the student will answer to six brief questions regarding those subjects that have been explained during the lessons and the contents of the recommended bibliography. Those who succeed in the first part of the exam will continue with the second, oral part of it. In this moment the student will be expected to offer a deeper account of the responses provided in the first part and to answer other new questions related to the program.
The evaluation will take into account the capacity to understand the problems discussed during the course and the ability to analyse the argument for and against the different philosophical thesis.
The students who do not attend the course will have only an oral exam. Also in this case the evaluation will take into account if the students have acquired the relevant concepts and those analytical capacities necessary to approach the central debates of the Philosophy of Law.
