OVERVIEW

The course focuses on the main theoretical concepts necessary for the understanding of law and on the main practical issues related to the functioning of legal systems. The course is divided into three thematic parts: The first part deals with the main conceptions of law, the second with the components and structure of legal systems, and the third with the specifics and main aspects of legal reasoning.

AIMS AND CONTENT

LEARNING OUTCOMES

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.

AIMS AND LEARNING OUTCOMES

The course “Legal Philosophy” aims in particular to provide students with basic concepts related to the theory of law and the analysis of normative language in the first part, through the analysis of the following topics:

• Basic concepts of linguistic analysis and logical analysis;
• Analysis of the conceptual status of legal philosophical discourse;
• The main philosophical-legal conceptions;
• The theory of the sources of the different conceptions of law;
• Elements of legal methodology.

In the second part, the most important legal theoretical concepts are deepened, such as:

• Legal norm;
• Legal system;
• Subjective law;
• Normative hierarchy;
• Validity and existence of legal norms;
• Applicability of legal norms over time.

In the third part of the course, the most important legal theoretical concepts related to the interpretation of normative provisions, the judicial application of legal norms and the effects of these operations on the separation of powers are examined in detail.

Individual study, attendance and participation in the proposed training activities will enable the student to:

• Know the main concepts of legal theory and the different conceptions of law that have been presented and defended in the field of legal philosophy.
• Know the main theoretical issues related to the theory of sources, the structure and systematic organization of legal systems and their constitutionalization.
• Know and be able to correctly apply the different models for the analysis of norms, normative systems and legal systems studied in the course, also through the analysis of practical cases.
• Know the main problems in the justification of judicial decisions, in particular the use of interpretative and productive arguments, as well as the main aspects of evidentiary reasoning.
• Know and be able to assess the main issues of the separation of powers, in particular taking into account the interpretative and constructive activity of the judicial bodies.
• Know and be able to distinguish the different types of legal discourse, in particular the distinction between descriptive discourse and prescriptive/evaluative discourse.
• Be able to express themselves in an appropriate legal theoretical language.

PREREQUISITES

There are no specific requirements.

TEACHING METHODS

The course consists of lectures with a total duration of 54 hours (equivalent to 9 CFU), in which the main concepts of legal philosophy are presented and analysed, but also examples and practical cases are proposed and discussed. The materials used in class will be uploaded to Aulaweb.

Occasionally, scholars and experts in the subject or professionals may be invited to give a lecture on topics of particular interest and relevance, also to give students a greater awareness of the concrete and applicative dimension of the subject.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs are invited to contact the teacher and the Department's disability liaison officer at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles.

SYLLABUS/CONTENT

PART ONE. I The philosophy of law in the map of legal disciplines. II Fundamental notions of language analysis. III Foundations of logic for jurists. IV The main conceptions of law. V The historical origins of legal positivism. VI The definition of law in terms of coercion and the theory of the sources of legal positivism. VII The imperative theory of the legal norm. VIII Kelsen's pure theory of law IX Hart, Ross and methodological positivism.

PART TWO. I The constitutionalization of legal systems. II Neo-constitutionalism. III The notion of legal norm. IV Rules and principles. V Subjective legal situations. VI Law as a system. VII The theory of normative systems and the systematic defects of law. VIII The systematic attributes of legal norms. IX The time of legal norms.

PART THREE. I The specificity of legal reasoning. II The justification of judicial decisions. III The legal discipline of interpretation. IV Interpretative and productive topics. V Reasoning on facts: fundamental notions VI Legislation and jurisdiction. VII The separation of powers and interpretation. VIII Constitutional justice and separation of powers IX. Legal science and legal doctrine.

RECOMMENDED READING/BIBLIOGRAPHY

The slides used and the texts discussed in class will be available on the Aulaweb platform.

Textbooks for attending students (at least 75% of the attendance):

1. R. Guastini, La sintassi del diritto, Giappichelli, Torino, II ed., pp. 448.

2. A. Schiavello, V. Velluzzi (a cura di), Percorsi del positivismo giuridico, Giappichelli, Torino, 2022, pp. 1-120.

Textbooks for non-attending students:

1. R. Guastini, La sintassi del diritto, Giappichelli, Torino, II ed., 2014, pp. 448.

2. A. Schiavello, V. Velluzzi (a cura di), Percorsi del positivismo giuridico, Giappichelli, Torino, 2022, pp. 1-120.

3. M. Barberis, Giuristi e filosofi. Una storia della filosofia del diritto, Il Mulino, Bologna, 2011, ch. I, pp. 20-37; ch. V, pp. 167-173; cap. II, pp. 53-60; cap. III, in full; cap. IV, in full; cap. V, pp. 184-190.

TEACHERS AND EXAM BOARD

Exam Board

GIOVANNI BATTISTA RATTI (President)

LUCA MALAGOLI

PIERLUIGI CHIASSONI (President Substitute)

ANDREA BARCA (Substitute)

YUNEISY BOADA PEREZ (Substitute)

ANDREJ KRISTAN (Substitute)

MARIO ARMANDO SANDOVAL ISLAS (Substitute)

RAQUEL SARRIA ACOSTA (Substitute)

LESSONS

LESSONS START

II semester from February 12th to May 7th 2026

EXAMS

EXAM DESCRIPTION

For students attending the course, there are two different examination methods that are alternative to each other.

The first method consists of two written tests, the first consisting of 10 multiple choice questions and 5 short answer questions, the second consisting of 10 short answer questions. The tests take place in the middle and at the end of the course.

The second method includes an oral exam at the end of the course and is usually divided into three/four open questions, consisting of a theoretical and a more practical part. In particular, students may be required to try to reflect on some practical cases.

For students who do not attend the course, the exam consists of an oral test and is usually divided into five/six open questions, consisting of a theoretical and a more practical part. In particular, students may be required to try to reflect on some questions of practical relevance.

ASSESSMENT METHODS

The examination methods aim to verify the student's actual knowledge and acquisition of the basic theoretical concepts and his or her ability to apply the most important legal theoretical concepts to specific concrete cases. Questions of a general theoretical nature and the presentation of cases and problems of a practical nature are used to check the student's ability:

• identify and define legal and theoretical concepts using appropriate technical language;
• recognize, distinguish, know and apply the most important legal philosophical notions and conceptions;
• formulate well-founded arguments on the main legal philosophical problems studied in class, such as the distinction between descriptive and prescriptive discourses, the question of the binding nature of legal norms, the distinction between the different predicates of legal norms, the structure of legal systems and their constitutionalization, subjective legal situations, the conceptual status of legal discourses;
• correctly identify the main justifying elements of a decision, in particular with regard to the use of interpretative arguments and reasoning in relation to the facts.

Students having a valid certification of disability or Specific Learning Disorders (DSA)  may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department's disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

Ask the professor for other information not included in the teaching schedule.