OVERVIEW

The course Philosophies of Punishment aims to introduce students to critical reflection on the concept and justification of punishment and crimes. This general objective will be specifically achieved through the study of the ideal model of legal guarantees, with the goal of developing the student's argumentative abilities when identifying problems and different solution strategies.

AIMS AND CONTENT

LEARNING OUTCOMES

The course has two parts. The first one explores different theories about the justification of punishment; the second one analyses those instruments used to repress criminality in contemporary occidental societies.

AIMS AND LEARNING OUTCOMES

Specifically, the course aims to:
- reconstruct the main theories of justification of punishment (retributivism, utilitarianism, mixed theories) and the abolitionist position;
- identify the tools of crime repression in contemporary Western societies and discuss their functions and possible alternatives.

At the end of the course, students will acquire adequate knowledge of the definition, methods, and functions of punishments. Additionally, students will be able to critically discuss the different strategies of justification of punishment.

Regarding transversal skills, this course primarily aims to foster the development of functional literacy competence, personal competence, and social competence, all at an advanced level, as well as to encourage the development of the ability to learn how to learn at a basic level.

TEACHING METHODS

Lectures and seminars with the active participation of students.

During the semester, techniques such as case-based and problem-based learning, group teaching, and the flipped classroom method will also be adopted. These approaches will allow us to focus on the development of transversal skills, such as functional literacy competence (advanced level), personal competence (advanced level), social competence (advanced level), and the ability to learn how to learn (basic level).

SYLLABUS/CONTENT

The foundations of punishment – The different purposes of punishment: prevention, reparation, resocialization, etc. – Two models of criminal law. The minimal criminal law model. – The principles guiding the establishment and application of punishment. – The crisis of the modern penal system. – The debate around the death penalty. – The crime. – Concept and justification of the crime. – Guarantees related to the definition of the crime. – The doctrine of legallly protected interest.

RECOMMENDED READING/BIBLIOGRAPHY

Attending students:
- Luigi Ferrajoli,  Il paradigma garantista. Filosofia e critica del diritto penale, Editoriale Scientifica, Napoli, 2014. Parti I, II, IV e V  (204 pagine).
- Maringela Ripoli, Carcere, risocializzazione, Diritti (a cura di I. Fanlo Cortes e M.L Tasso) Giappichelli, Torino, 2006, pp. 45-74, 105-114 (40 pagine).

Non-attending students:
- Luigi Ferrajoli, Il paradigma garantista. Filosofia e critica del diritto penale, Editoriale Scientifica, Napoli, 2014 (278 pagine).
- Maringela Ripoli, Carcere, risocializzazione, diritti (a cura di I. Fanlo Cortes e M.L. Tasso) Giappichelli, Torino, 2006, pp. 17-74, 105-114 (40 pagine).
- David Garland, Pena e società moderna. Uno studio di teoria sociale, il Saggiatore, Milano, 1999. Limitatamente a: cap. II, III, IV, V, e VI (113 pagine).

TEACHERS AND EXAM BOARD

Exam Board

ANDREJ KRISTAN (President)

ANDREA BARCA

LUCA MALAGOLI (President Substitute)

MARIA CRISTINA REDONDO NATELLA (President Substitute)

YUNEISY BOADA PEREZ (Substitute)

AGNES DIAZ CASTELLANO (Substitute)

JULIETA AGUSTINA RABANOS (Substitute)

RAQUEL SARRIA ACOSTA (Substitute)

LESSONS

LESSONS START

In the second semester.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Written + oral examination for attending students.

Oral examinaiton for non-attending students.

ASSESSMENT METHODS

For attending students, the exam will take place in two phases. The first phase is written, during which they will need to answer 6 short questions on the material covered in lectures and contained in the textbooks. Students who pass this written test can continue with the oral exam. In this phase, an in-depth analysis of the topics briefly addressed in the written exam will be required, and knowledge of the remaining points of the program will be assessed. The evaluation will focus primarily on the understanding of the issues discussed during the course and the ability to analyze arguments for and against the considered philosophical theses.

For non-attending students, the exam will be conducted only orally. In this case as well, the main focus will be on whether the student has acquired the concepts and analytical-argumentative skills sufficient to address the typical issues in the philosophy of punishment.

Students who have valid certification of disability or Specific Learning Desorders (DSA) on file with the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

Exam schedule