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.

PREREQUISITES

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

TEACHING METHODS

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.

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. ii, III, iV, and V.

TEACHERS AND EXAM BOARD

Exam Board

PIERLUIGI CHIASSONI (President)

LUCA MALAGOLI

GIOVANNI BATTISTA RATTI (President Substitute)

DIEGO SEBASTIAN ALMONACID ALMARZA (Substitute)

ANDREA BARCA (Substitute)

YUNEISY BOADA PEREZ (Substitute)

MARÍA VICTORIA CARRO (Substitute)

AGNES DIAZ CASTELLANO (Substitute)

MARCO SEGATTI (Substitute)

LESSONS

LESSONS START

II semester from February 14th to May 10th 2024

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