|SCIENTIFIC DISCIPLINARY SECTOR||IUS/20|
|SECTIONING||This unit is divided into 3 sections:|
Prerequisites (for future units)
The course will introduce students to the basic matters of a philosophical study of law, adopting the tools and perspective of analytical jurisprudence.
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
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.
There are no pre-requirements. The course is supposed to provide students with all the notions and information needed for a full understanding of its contents
The course will be taught by means of an inclusive and socratic method. Students will be invited to pose questions. Questions will be posed to them, for public discussion.
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
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. ii, III, iV, and V.
PIERLUIGI CHIASSONI (President)
GIOVANNI BATTISTA RATTI
PEDRO JAVIER CABALLERO ELBERSCI (Substitute)
PAOLO COMANDUCCI (Substitute)
DIEGO DEI VECCHI (Substitute)
ALESSANDRO ATTILIO NEGRONI (Substitute)
II semester from February 14th to May 10th 2024
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.