OVERVIEW

The main goal of the course is to introduce the student to the debate on the concept and justification of criminal offenses and punishment. This general goal will be pursued specifically through the study of an ideal model of ‘minimal’ criminal law. In any case, the course aims at developing the student's argumentative skills to identify problems and different strategies to solve them.

AIMS AND CONTENT

LEARNING OUTCOMES

The course has two parts. The first one explores different theories about the justification of punishment; the second one analyses those instruments used to repress criminality in contemporary occidental societies.

TEACHING METHODS

Lectures

SYLLABUS/CONTENT

The grounds of punishment. An inquire in normative ethics. Are punishment and crime justified? –- The many reasons for punishment: prevention, reparation, resocialization, etc. - Two models of Criminal Law.- The institution and the application of punishment: guiding principles. A debate regarding the capital punishment. The crisis of the modern system of punishment. – The definition of “crime”. – When, and how, a behaviour can be legally identified as a crime? -. The doctrine of “the legal goods”.

RECOMMENDED READING/BIBLIOGRAPHY

Regular Students that attend the course:

-Luigi Ferrajoli,  Il paradigma garantista. Filosofia e critica del diritto penale, Editoriale Scientifica, Napoli, 2014. Parti I,II, IV eV.  (pp. 204)

- Maringela Ripoli, Carcere, risocializzazione, Diritti (a cura di I. Fanlo Cortes e M.L Tasso) Giappichelli, Torino, 2006, pp.- 45-74. 105-114.

- A brief essay that will be chosen during the course.

Students that do not attend the course:

-Luigi Ferrajoli, Il paradigma garantista. Filosofia e critica del diritto penale, Editoriale Scientifica, Napoli, 2014.

-Maringela Ripoli, Carcere, risocializzazione, diritti (a cura di I. Fanlo Cortes e M.L Tasso) Giappichelli, Torino, 2006, pp.- 17-74- 105-114.

-David Garland, Pena e società moderna. Uno studio di teoria sociale, il Saggiatore, Milano, 1999. Limitatamente a: cap. II, III, IV, V, e VI (pp. 61-174).

TEACHERS AND EXAM BOARD

Exam Board

MARIA CRISTINA REDONDO NATELLA (President)

ALEJANDRO CALZETTA

PIERLUIGI CHIASSONI

PAOLO COMANDUCCI

ISABEL FANLO CORTES

LUCA MALAGOLI

EDWIN MAURICIO MALDONADO

REALINO MARRA

LUIS FERNANDO MATRICARDI RODRIGUES

GIOVANNI BATTISTA RATTI

NATALIA SCAVUZZO

LAURA SCUDIERI

LESSONS

LESSONS START

I semester from September, 18th to December, 7th 2017 (12 weeks)
II semester from February, 26th to May, 18th 2018 (12 weeks)

Class schedule

PHILOSOPHY OF PENALTY

EXAMS

EXAM DESCRIPTION

Students who attend the course: written and oral exam.

Students who do not attend the course: oral exam.

ASSESSMENT METHODS

The students who have attended 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 the analytical-argumentative capacities necessary to approach the central debates in the Philosophy of Punishment.