OVERVIEW

The course of Philosophies of Punishment aims to introduce students to critical reflection on the notion (and the justification) of punishment. This general objective will be achieved, specifically, through the study of Luigi Ferrajoli's model, in order to develop the student's argumentative skills in identifying the problems of justification of punishment and the different strategies to critically elaborate possible solutions.

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

In particular, the course aims to:
- reconstruct the main theories of justification of punishment (retributivism, utilitarianism, mixed theories) and the abolitionist position;
- identify the tools of repression of crime 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 punishment. Furthermore, students will be able to critically discuss the different strategies of justification of punishment.

With regard to transversal skills, this course mainly aims to promote the development of functional-literacy skills, personal skills and social skills, all at an advanced level, as well as encouraging the development of the ability to learn to learn at a basic level.

TEACHING METHODS

Lectures with discussions and seminars with the active participation of students.

During the semester, techniques such as case-based learning 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 (advanced level), personal competence (advanced level), social competence (advanced level) and the ability to learn 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 that guide the institution and application of punishment. – The crisis of the modern punishment system. – The debate surrounding the death penalty. – The crime. – Concept and justification of the crime. – Guarantees linked to the definition of the crime. – The doctrine of the legal good.

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 pages).
- Mariangela Ripoli, Carcere, risocializzazione, Diritti (a cura di I. Fanlo Cortes e M.L Tasso) Giappichelli, Torino, 2006, pp. 45-74, 105-114 (40 pages).

Not-Attending Students:

- Luigi Ferrajoli, Il paradigma garantista. Filosofia e critica del diritto penale, Editoriale Scientifica, Napoli, 2014 (278 pages).
- Mariangela Ripoli, Carcere, risocializzazione, diritti (a cura di I. Fanlo Cortes e M.L. Tasso) Giappichelli, Torino, 2006, pp. 17-74, 105-114 (40 pages).
- 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 pages).

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The course will take place in the second semester.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Attending students: oral exam.

Non-attending students: oral exam.

ASSESSMENT METHODS

For students attending the course, the exam will be held orally. The detailed knowledge of the concepts examined during the lessons and in the bibliography, the ability to analyze and study the problems discussed and the competence in presenting the arguments for and against the philosophical theses considered will be assessed primarily.

For students not attending the course, the exam will be held orally. Also in this case, the assessment will be aimed at ascertaining the acquisition of concepts and analytical-argumentative skills adequate to the problematic issues typical of the philosophy of punishment.