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PHILOSOPHY OF PENALTY

CODE 64969
ACADEMIC YEAR 2016/2017
CREDITS 6 credits during the 2nd year of 8710 Social Work (L-39) GENOVA

6 credits during the 4th year of 7995 LAW (LMG/01) GENOVA

6 credits during the 3nd year of 7995 LAW (LMG/01) GENOVA

6 credits during the 5th year of 7995 LAW (LMG/01) GENOVA

6 credits during the 5th year of 7996 LAW (LMG/01) IMPERIA

SCIENTIFIC DISCIPLINARY SECTOR IUS/20
LANGUAGE Italiano
TEACHING LOCATION GENOVA (Social Work)
SEMESTER 2° Semester
TEACHING MATERIALS AULAWEB

AIMS AND CONTENT

LEARNING OUTCOMES

The course is divided into two parts. In the first one we will analyse different theories about the justification of punishment; In the second one we will study different strategies regarding the problem of crime in contemporary societies.

TEACHING METHODS

Lectures

SYLLABUS/CONTENT

The grounds of punishment. An inquire in normative ethics. Are punishment, crime, and criminal judicial process justified? – Abolitionism and justificatory positions. - The many reasons for punishment: prevention, reparation, resocialization, etc. - The institution and the application of punishment: guiding principles. The crisis of the modern system of punishment. – The definition of “crime”. – When, and how, a behaviour can be legally identified as a crime? - Warrant principles. The doctrine of “the legal goods”. When, and how, criminal judicial process is justified? Different models of judges and judicial process.

RECOMMENDED READING/BIBLIOGRAPHY

Regular Students that attend the course:

-Luigi Ferrajoli, Diritto e ragione. Teoria del garantismo penale, Laterza, Roma-Bari, 1989. The following chapters: chap. IV (194-224), chap. V (233-260), chap. VI (314-340), chap. VII (347-419), chap. VIII (460-515).

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

- A fief assay to be decided during the teaching period.

Students that do not attend the course:

-Luigi Ferrajoli, Diritto e ragione. Teoria del garantismo penale, Laterza, Roma-Bari, 1989. The following chapters: chap. IV (194-224), chap. V (233-260), chap. VI (314-340), chap. VII (347-419), chap. VIII (460-515),

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

-David Garland, Pena e società moderna. Uno studio di teoria sociale, il Saggiatore, Milano, 1999.  The following chapters: chap. 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

GIOVANNI BATTISTA RATTI

NATALIA SCAVUZZO

LAURA SCUDIERI

LESSONS

TEACHING METHODS

Lectures

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.

Exam schedule

Date Time Location Type Notes
13/09/2017 10:00 GENOVA Orale