OVERVIEW

The Philosophy of Law course aims to introduce students to the contemporary debate on how law influences the practical reasoning of its addressees and the resolution of practical conflicts. In exploring the broad range of topics in this debate, the course engages with key ethical and legal theories and reflects on the practical impact of these theories for the decisions of those who work with the law.

AIMS AND CONTENT

LEARNING OUTCOMES

The basic aim of the course is teaching students to develop analytic and critical skills concerning legal institutions and legal culture. To this purpose, students will be familiarized with the methodology of Analytic jurisprudence and the realistic outlook.

AIMS AND LEARNING OUTCOMES

Individual study and active attendance in the course will enable students to:

·       recognize the syntactic, semantic, and pragmatic problems presented by legal language, applying them to specific examples;

·       apply fundamental legal concepts, using them correctly in the presentation of theoretical and practical discourse;

·       evaluate the different general theories of law comparatively, distinguishing them based on how they conceive legal norms and their application by judicial authorities;

·       classify different types of norms, demonstrating how each of them justifies a behavior;

·       distinguish between different types of practical conflicts, connecting them with various methods of resolution;

·       articulate deductive and inductive arguments, using them to refute, weaken, or strengthen other arguments;

·       paraphrase specific arguments supporting a normative conclusion, making their characteristics explicit in order to evaluate their validity/invalidity;

·       reconstruct the reasoning of a judicial decision, identifying its different parts and the types of arguments used in each of them;

·       produce critical arguments, employing them both in the evaluation of the studied theories and in the resolution of concrete practical conflicts;

·       identify the main internal currents of the economic analysis of law, pinpointing their respective methodological approaches and corresponding theoretical theses.

.       incorporate knowledge and skills relevant to legal scholars and professionals, in accordance with Goal 4 "Quality Education" of the 2030 Agenda

PREREQUISITES

-             There are no specific requirements

TEACHING METHODS

The course will primarily consist of traditional lectures, for a total of 54 hours (equivalent to 9 ECTS credits). During the classes, the main theoretical concepts of the syllabus will be presented and analyzed, and debate on the various topics covered will be encouraged. Furthermore, a problem-based learning approach will be adopted, alongside group work focused on two specifically selected practical cases.

During the course, closed-ended self-assessment tests will be administered. The purpose of these tests is strictly formative, as they will allow the class to revisit topics where greater difficulties have emerged.

Active participation in class will be taken into account for the final evaluation.

Occasionally, scholars and experts in legal theory may be invited to give lectures or seminars on topics of special interest related to the course syllabus.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs and having complied with Unige procedures (described here) who need compensatory measures to prepare the exams or during the exams are invited to contact the teacher 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. For requesting Unige services for students with disabilities and other information, please visit https://giurisprudenza.unige.it/serv_disabili. For further information, please visit https://unige.it/disabilita-dsa and contact the Department's disability liaison officer (isa.fanlo@unige.it).

SYLLABUS/CONTENT

The course is divided into two parts.

1 – Part One:
Different conceptions of norms. Norms as reasons for action. Practical reasoning and practical conflicts. Moral conflicts. Conflicts between legal norms. Conflicts between law and morality. Criteria for the resolution of conflicts. Conceptions of law. Conceptions of morality. The relationship between different conceptions of law and morality. Analysing moral and legal arguments in relation to a case chosen in class.

2 – Part two:
The legal system. Different types of legal norms. The distinction between rules and principles. Validity, applicability, effectiveness. The dogma of completeness. Gaps and defeasibility. Legal language. The difference between normative and descriptive language. The indeterminacy of language. Ambiguity and vagueness. Types of definitions. Internal and external justification of judicial decisions. Problems of external justification. The interpretation of law. Theories of interpretation and argumentation. Validity and soundness of an argument. Different types of arguments. Different types of fallacies.

RECOMMENDED READING/BIBLIOGRAPHY

For attendant students (attendance at 2/3 of the lectures, participation in the discussion of practical cases and participation in intermediate examinations):

- the material provided on Aulaweb,

- D. Canale, Conflitti pratici. Quando il diritto diventa immorale, Laterza, Roma-Bari, 2017 (all chapters except chapter VI: pp. 1–161 and 196–228 (193 pages),

- R. Guastini, La sintassi del diritto, Giappichelli, Torino, 2014, first, fourth and sixth parts (150 pages),

- A. Iacona, L'argomentazione, Einaudi Editore, Torino, 2005, chapter IV (41 pages),

Working students may also prepare for the exam following the syllabus for attending students, subject to prior consultation with the professor.

For non-attendant students:

- The material provided on Aulaweb,

- D. Canale, Conflitti pratici. Quando il diritto diventa immorale, Laterza, Roma-Bari, 2017 (228 pages)

- C.S. Nino, Introduzione all’analisi del diritto, Giappichelli, Torino, 1996, chapters II, III, IV, V, and VII (269 pages)

- A. Iacona, L'argomentazione, Einaudi Editore, Torino, 2005, chapter IV (41 pages)

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The course is held during the second semester.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

For attending students, the final examination is oral and consists of two parts. First, students must present an in-depth analysis of a topic chosen from those covered during the lectures and discussed in the bibliography. Subsequently, they will answer questions posed by the examination board concerning the theoretical and practical contents of the syllabus. These questions are intended to assess the achievement of the course’s learning objectives. The final grade will be determined on a weighted basis, taking into account both active participation during lectures and the completion of the assignments proposed throughout the course.

For non-attending students, the final examination is oral and consists of two parts. The examination will begin with a structured presentation on a topic from the syllabus selected by the student. Subsequently, students will answer questions posed by the examination board concerning the course programme, with the aim of assessing the achievement of the learning objectives.

ASSESSMENT METHODS

Assessment will verify that students have acquired sufficient conceptual knowledge and analytical-argumentative skills regarding the problems studied. In general, students must demonstrate high quality in the presentation of topics, critical reasoning skills, and the correct use of specialized vocabulary. In particular, students must show that they can master the various theoretical approaches and argumentative strategies studied, applying them effectively through concrete examples.

For attending students, the commitment shown in each phase of the course will be assessed: in discussions on the topics covered, in group work, in the analysis of practical cases, in the assigned exercises, and in the final exam.

Students having a valid certification of disability or Specific Learning Disorders (DSA) and having complied with Unige procedures (described here) may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps). In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

Ask the professor for other information not included in the teaching schedule