OVERVIEW

The course will introduce students to the basic matters of a philosophical study of law, adopting the tools and perspective of analytical jurisprudence.

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 aims at providing students with a set of notions and methods of analysis that should make them capable of a mastering and critical approach to legal issues.

SYLLABUS/CONTENT

1. Philosophy of Justice

2. Natural Law theory

3. Philosophy of positive law

4. Philosophy of law for a constitutional state

5. Theory of doctrinal study of law

6. Legal Epistemology

RECOMMENDED READING/BIBLIOGRAPHY

1) P. Chiassoni, Da Bentham a Kelsen. Sei capitoli per una storia della filosofia analitica del diritto, Torino, Giappichelli, 2016, in the parts that will be announced on Aulaweb.

2) L. Ferrajoli, La costruzione della democrazia, Roma-Bari, Laterza, 2021, chaps. III, V, VI, VII, VIII.

TEACHERS AND EXAM BOARD

Exam Board

PIERLUIGI CHIASSONI (President)

GIOVANNI BATTISTA RATTI

PEDRO JAVIER CABALLERO ELBERSCI (Substitute)

PAOLO COMANDUCCI (Substitute)

DIEGO DEI VECCHI (Substitute)

ALESSANDRO ATTILIO NEGRONI (Substitute)

LESSONS

LESSONS START

I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021

Class schedule

PHILOSOPHY OF LAW B

EXAMS

EXAM DESCRIPTION

For students attending classes, the exam shall consist in a written proof (answering to five open-questions upon ten, in  a one-hour time) and in an (optional) oral examination 

For students not attending classes, the exam shall consist in answering to five open-questions in 35 minutes times and in an oral examination following the written one.

Exam schedule