OVERVIEW

The course "Theories of Rights and Justice" is an optional 6-ECTS course designed for students who wish to explore, including from a historical perspective, the complex debate on the foundations and guarantees of rights, not only in their theoretical dimensions but also in relation to specific issues of social justice.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to provide an overview of the main theories of rights and justice that shape contemporary debate, with specific reference to those theories that concern legal systems and public institutions. Within this framework, the objective is to equip students with the theoretical tools necessary to critically engage with more specific and pressing issues of social justice today—such as end-of-life decisions, the death penalty, or the rights of so-called cultural minorities.

AIMS AND LEARNING OUTCOMES

More specifically, the course aims to:

• Introduce the main modern and contemporary philosophical theories of human rights, within different theoretical frameworks (natural law theory, legal positivism, legal realism);

• Provide knowledge on the main conceptions of distributive justice, starting from John Rawls’s Theory of Justice, while examining critical perspectives on egalitarian liberalism;

• Encourage students to apply the theoretical categories learned to the analysis of concrete problems relating to the promotion and protection of different categories of rights, and to develop autonomous critical judgments on such issues.

By the end of the course, students are expected to have acquired the conceptual tools necessary to critically engage with the theoretical debate on rights and justice, and to apply the knowledge gained to the interpretation of major international human rights documents and to the discussion of claims advanced by marginalized social groups.

PREREQUISITES

There are no specific requirements.

TEACHING METHODS

The course combines lectures with seminars and group work. Particular attention will be paid to fostering classroom discussion and to developing students’ critical thinking and argumentation skills.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs are invited to contact the teacher (Isa.Fanlo@unige.it) and the Department's disability liaison officer (inclusione.studenti@info.unige.it) at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles.

SYLLABUS/CONTENT

Introduction

• What is a “subjective right”? And what is meant by “human” or “fundamental” right?

• The proliferation of rights through processes of “specification”

• The particularistic origin of rights and universalistic claims: the problem of the “unforeseen subjects”

The Main Philosophical Theories of Rights

• The problem of foundations: moral rights vs. legal rights

• Historical overview: from classical and modern natural law (Locke, Kant) to legal positivism (Kelsen, Hart)

• Critical legal theories: feminist legal theory, post-colonialism

Distributive Justice and Politics of Recognition

• John Rawls, A Theory of Justice

• Critiques of Rawls: Nozick (libertarianism), Sandel (communitarianism), Sen and Nussbaum (capabilities approach)

• Alternative approaches: Nancy Fraser, Iris Marion Young, and theories of social justice

Rights in Practice: Institutions, Practical Conflicts, and Case Studies

• The role of public and international institutions in the promotion of rights

• Case studies and practical conflicts:
  a. Rights and justice in end-of-life decisions: dignity, autonomy, vulnerability
  b. The death penalty: functions of punishment, inalienable rights
  c. Cultural minorities and legal pluralism: between recognition and universalism

RECOMMENDED READING/BIBLIOGRAPHY

For attending students:

1. B. Casalini, L. Cini (eds.), Giustizia, uguaglianza, differenza: una guida alla lettura della filosofia politica contemporanea,  Firenze University Press, 2012, selected essays (to be indicated in class) – available online.

2. Additional materials will be provided during the course and uploaded to the AulaWeb platform.

For non-attending students:

1. Norberto Bobbio, L'età dei diritti, Einaudi, Torino, 2014.

2. B. Casalini, L. Cini (eds.), Giustizia, uguaglianza, differenza: una guida alla lettura della filosofia politica contemporanea, fFirenze University Press, 2012, five essays of the student’s choice.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The course will be held in the second semester (February-May 2026). More detailed informations will be provided on Aulaweb starting from early February 2026.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

For all students, the examination will consist exclusively of an oral interview to verify their understanding and critical reworking of the course content, as well as their ability to present it clearly and with an appropriate language. 

ASSESSMENT METHODS

For attending students, an active participation during the lectures will be evalutated positevely. During the exam, students are expected to comprehend and critically rework the topics covered in class and to present them using appropriate language.

Non-attending students are expected to understand and critically rework the topics addressed in the readings, and to present them using appropriate language.

FURTHER INFORMATION

For any questions regarding the teaching activities, students may contact the teacher at this address: Isa.Fanlo@unige.it

Students are strongly encouraged to register for the course’s Aulaweb page, which will be activated in early February 2026.

Students who, due to disabilities, specific learning disorders ("DSA"), or special educational needs ("BES"), require compensatory tools and/or dispensatory measures - either for exam preparation (materials, educational support, individuales meetings, etc.) or during the examination (e.g., use of mind maps, additional time, etc.) - are invited to communicate their needs to Prof.ssa Fanlo Cortés, in order to agree on the most appropriate arrangements.

For information on the services offered by UNIGE to students with disabilities, DSA or BES, and to access compensatory and/or dispensatory measures during examinations, please refer to the guidelines available on the university website: here