OVERVIEW

The philosophy of law has the task of introducing the science of law. In this course, an attempt will first be made to give a general definition of the legal phenomenon. Immediately afterwards, we will focus on some typical aspects of the juridical nature of our cultural-historical context: a) the first doctrinal (theoretical) and then practical construction of the rule of law, b) the codification process, c) the Constitution and a certain theory of power (the ideas of so-called constitutionalism).

AIMS AND CONTENT

LEARNING OUTCOMES

Formalism and anti-formalism. Legal positivism, natural law, legal realism. Analysis of normative language. Analysis of the concepts of “ law”, “rights”, “legal system”, “norm”, “sanction”, etc. The main models of reasoning in the legal sphere. Elementary notions of interpretation. The relations between law and justice.

AIMS AND LEARNING OUTCOMES

Having completed the general educational objectives, relating as we have seen to the fundamental concepts of legal science, the course will focus on the most relevant aspects of modern and contemporary legal culture from a historical-philosophical perspective. In the first part, the contribution of absolutism to the codification process (17th century) and the legal and political Enlightenment (18th century) will be studied. In the second part, the themes of the legal and criminal Enlightenment will be explored. The third part will look at Bentham and legal positivism, Marx and the theory of rights, Nietzsche and the genealogy of morality, and Tocqueville from liberalism to democracy. The fourth part will be on theories of punishment in the 20th century. The fifth part will deal with Giovanni Tarello's legal realism.

Individual study, attendance and participation in the proposed training activities will enable the student to understand and critically assess, with independent judgement, the formation paths of Western legal culture, from the development of the codification process to the signs of crisis of legal positivism; to read and critically examine, with independent judgement, texts by classic authors of the philosophy of law; to contextualise theories in relation to the political and cultural events of a given historical period.

PREREQUISITES

No specific skills are needed at the beginning; it will of course be useful to have an ability to orient oneself in the main historical processes of modernity and some notions of the history of thought.

TEACHING METHODS

The course consists of lectures for a total of 54 hours (equivalent to 9 CFU), during which the main theoretical notions of the philosophy of law will be presented and analysed.
Lectures on specific topics by scholars of the subject are possible within the course. 
At the end of the course the following will be distributed: a) a short anonymous questionnaire for the evaluation of the course by the professor; b) a short questionnaire for the evaluation of the teaching of the course.

SYLLABUS/CONTENT

What is the philosophy of law. The concept of law. The formation of modern law and the process of codification. State, constitution, constitutionalism. The doctrinal foundations of codification. The legal Enlightenment. The political Enlightenment. Bentham and legal positivism. Theories on criminal law. Marx and rights. Niezsche and the genealogy of morality. Tocqueville and the problems of contemporary democracies. Scandinavian legal realism. American legal realism. The work of Giocanni Tarello. The interpretation of the law.

RECOMMENDED READING/BIBLIOGRAPHY

Textbooks and possible reading materials for attending students (Master's Degree in Law, Degree Course in Philosophy) 
1. G. Tarello, History of Modern Legal Culture. I. Absolutismo e codificazione del diritto, il Mulino, Bologna, 1976, limited to chapters 3, 6, 7, 8 (for a total of 325 pages); 2. G. Tarello, L'interpretazione della legge, Giuffrè, Milano 1980, limited to chapters 1, 2, 7, 8 (for a total of 185 pages; in case of difficulty in finding the text please call the Giuffrè agent in Genoa: Galleria Errico Martino 12, 010-594924, or also at Nuova Bozzi in via Balbi, Bozzi VIA S. SIRO, 28/R; or also at Libreria Universitaria Genova Edizioni del Magistero di Tarantino, Via Foscolo Ugo, 7; you can also order online at https://shop.giuffre.it/). The first question will be at the student's choice, on a topic taken from the course or from the texts indicated above.

Textbooks and possible reading materials for non-attending students
(Master's Degree in Law, Degree in Philosophy) 
1. G. Tarello, History of Modern Legal Culture. I. Absolutismo e codificazione del diritto, il Mulino, Bologna, 1976, limited to chapters 3, 6, 7, 8 (for a total of 325 pages); 2. G. Tarello, L'interpretazione della legge, Giuffrè, Milano, 1980, limited to chapters 1, 2, 3, 6, 7, 8 (for a total of 261 pages; in case of difficulty in finding the text please contact the Giuffrè agent in Genoa: Galleria Errico Martino 12, 010-594924 or also Nuova Bozzi in Via Balbi, Bozzi VIA S. SIRO, 28/R; or also at Libreria Universitaria Genova Edizioni del Magistero di Tarantino, Via Foscolo Ugo, 7; you can also order online at https://shop.giuffre.it/). 
Textbooks and possible reading materials for students attending Philosophical Methodologies (6 CFU) 
1. G. Tarello, History of Modern Legal Culture. I. Absolutism and codification of law, il Mulino, Bologna, 1976, limited to chapters 3, 6, 7, 8 (for a total of 325 pages). The first question will be at the student's choice, on a topic taken from the course or from the above-mentioned text. 
 Textbooks and possible reading materials for non-attending students of Philosophical Methodologies (6 CFU) 
1. G. Tarello, History of Modern Legal Culture. I. Assolutismo e codificazione del diritto, il Mulino, Bologna, 1976, limited to chapters 3, 6, 7, 8 (for a total of 325 pages); 2. G. Tarello, L'interpretazione della legge, Giuffrè, Milano, 1980, limited to chapters 7 and 8 (for a total of 83 pages; in case of difficulty in finding the text please contact the Giuffrè agent in Genoa: Galleria Errico Martino 12, 010-594924 or also Nuova Bozzi in via Balbi, Bozzi VIA S. SIRO, 28/R; or also at Libreria Universitaria Genova Edizioni del Magistero di Tarantino, Via Foscolo Ugo, 7; you can also order online at https://shop.giuffre.it/)

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

II semester from March 4 to April 30, 2026 (the exact date of the beginning of the course will be announced on Aulaweb)

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The examination is oral. At the end of the course there will be a follow-up interview (not compulsory) to assess the students' learning levels.
The examination consists of four to five questions on themes, currents and authors of the philosophy of law..

ASSESSMENT METHODS

The oral examination aims to verify the student's actual knowledge and acquisition of the theoretical basics of the philosophy of law. By means of theoretical-general questions on themes, currents and authors of the philosophy of law, it will be ascertained whether the student is able to identify the fundamental problems of the subject, and to understand and interpret, with a critical spirit and autonomy of judgement, the contents of the main authors and/or currents of the philosophy of law.