OVERVIEW

Philosophy of law encompasses the fields of knowledge necessary to train informed and responsible legal practitioners. It encompasses the philosophy of justice, the philosophy of natural law, the philosophy of positive law, the philosophy of constitutional law, reflection on legal science, and the theory of legal knowledge. The "Philosophy of Law" course will examine all these different fields of knowledge, highlighting the multiple functional connections between them and the practice of law.

AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

Educational objectives and learning outcomes inevitably become confused. Upon completion of the course, students should have acquired the following skills:

1. cognitive and operational mastery of the main tools of analytical philosophy of law;

2. Mastery of the terminology and fundamental conceptual framework of legal discourse ("law," "objective law," "subjective law," "positive law," "natural law," "principles of justice," "legal norm," "interpretation," "legal system," "legal order," "interpretation," "integration," "sources of law," "legal science," "legal doctrine," "legal duty," "validity," "effectiveness," etc.);

3. Knowledge of the evolution of the philosophy of natural law (ancient, medieval, modern, and contemporary natural law);

4. Knowledge of the evolution of the philosophy of positive law (from Jeremy Bentham to contemporary post-positivist constitutionalism);

5. Knowledge of the theory of the rule of law ("legislative rule of law," "constitutional rule of law," "constitutional democracy");

6. Knowledge of the theory of legal method and legal science, in its descriptive (descriptive metajurisprudence) and prescriptive (prescriptive metajurisprudence) dimensions;

7. Knowledge of the problems of (scientific) knowledge of law.

PREREQUISITES

There are no prerequisites.

TEACHING METHODS

The course consists of lectures, for a total of 54 hours. The lectures will be conducted in such a way as to ensure student participation in the learning activity. Occasionally, scholars and experts in the field may be invited to give lectures on topics of particular interest and relevance.

SYLLABUS/CONTENT

The course will provide attendees with all the knowledge necessary for a full understanding of the content.

Lectures will pursue the specific objectives listed above, dealing with: 1. "Philosophy of Law" 2. Philosophy of Justice 3. Philosophy of Natural Law 4. Philosophy of Positive Law 5. Philosophy of Law of the Constitutional State 6. Descriptive, Prescriptive, and Auxiliary Metajurisprudence 7. Legal Epistemology.

RECOMMENDED READING/BIBLIOGRAPHY

A. Textbooks and any reading materials for attending students

1) P. Chiassoni, Da Bentham a Kelsen. Sei capitoli per una storia della filosofia analitica del diritto (From Bentham to Kelsen. Six Chapters for a History of Analytic Philosophy of Law), Turin, Giappichelli, 2016, in the sections indicated by the professor in class.

2) L. Ferrajoli, Progettare il futuro. Per un costituzionalismo globale (Planning the Future. Toward a Global Constitutionalism), Milan, Feltrinelli, 2025, in the sections indicated by the instructor in class.

For a total of approximately 600 pages, in addition to the lecture notes. This syllabus may also be used by working students, subject to prior agreement with the instructor.

B. Textbooks and any reading materials for non-attending students

1) P. Chiassoni, Da Bentham a Kelsen. Sei capitoli per una storia della filosofia analitica del diritto (From Bentham to Kelsen. Six Chapters for a History of Analytic Philosophy of Law),Turin, Giappichelli, 2016, in its entirety.

2) L. Ferrajoli, Progettare il futuro. Per un costituzionalismo globale (Planning the Future. Toward a Global Constitutionalism), , Milan, Feltrinelli, 2025, in its entirety For a total of 725 pages.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Second semester: March 4th to May 7th, 2026 (unless otherwise indicated on Aulaweb at the beginning of February 2026)

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Exam for attending students will consist in answering to five open-questions, choosing them out of a number proposed, in an hour-and-half term. Answers will be discussed individually. A final grade will be proposed. Students will be allowed to complement the written exam with an oral exam meant to increase the proposed grade.

Exam for not-attending students will consiste in answering to five open-questions in 40 minutes times plus an oral examination.

Student-Workers will have access to the same program and exam format of attending students.

DSA students will have access to the esam format provided for by University regulation. 

ASSESSMENT METHODS

Students acquired knowledge and skill will be tested by questions in class and the evaluation of their written and oral answers at the exam.

FURTHER INFORMATION

The course will take place in the Second Semester, from march 4 to may 7, 2026 (unless different dates announced on Aulaweb by the beginning of February 2026)