Philosophy of Law
A.Y. 2024/2025
Learning objectives
The course aims to introduce students to the fundamental philosophical-juridical concepts, to the main philosophical theories and to the state of the art of contemporary philosophical-juridical discussion, and to favor the acquisition of awareness of the philosophical dimension of many legal problems.
Expected learning outcomes
At the end of the course, students will have learned the fundamental elements of the contemporary philosophical-juridical discussion; will have reached the ability to develop an appropriate philosophical-legal analysis of the issues; will be aware, thanks to the discussion in the classroom, of the need to use a rigorous language and an adequate ability for argumentation in the presentation of problems; will have aknowledged the need for a methodologically correct approach to the law.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Surname A-C
Responsible
Lesson period
First semester
IUS/20 - PHILOSOPHY OF LAW - University credits: 9
Lessons: 63 hours
Professor:
Di Lucia Paolo Umberto Maria
Shifts:
Turno
Professor:
Di Lucia Paolo Umberto MariaSurname D-L
Responsible
Lesson period
First semester
IUS/20 - PHILOSOPHY OF LAW - University credits: 9
Lessons: 63 hours
Professor:
Ferraro Francesco
Shifts:
Turno
Professor:
Ferraro FrancescoSurname M-Q
Responsible
Lesson period
First semester
Course syllabus
The teaching program provides for the presentation and discussion of the following topics:
The concept of law.
Conceptions of law.
Legal concepts.
Law and language.
Law and force.
The legal norm.
The concept of legal obligation
The legal interpretation.
Legal systems.
The relationship between law and morals.
The concept of law.
Conceptions of law.
Legal concepts.
Law and language.
Law and force.
The legal norm.
The concept of legal obligation
The legal interpretation.
Legal systems.
The relationship between law and morals.
Prerequisites for admission
There are no specific prerequisites.
Chair changes must be authorized by both teachers involved, upon request to be made after the start of the course and within the first two weeks of the course.
Chair changes must be authorized by both teachers involved, upon request to be made after the start of the course and within the first two weeks of the course.
Teaching methods
The teaching includes lectures with strong student involvement.
Attendance is optional, but strongly recommended.
Attendance is optional, but strongly recommended.
Teaching Resources
Attending students:
1. HLA Hart, Il concetto di diritto, Torino, Einaudi, 2002 (except cap. X);
2. Didactic materials available on myariel (https://myariel.unimi.it/)
Not attending students:
1. R. Guastini, Filosofia del diritto positivo, Giappichelli, Torino, 2017, except: pp. 269-283 (chap. VI part III); pp. 287-306 (chap. I part IV).
2. A. Schiavello, V. Velluzzi (eds.), Percorsi del positivismo giuridico, Giappichelli, 2022.
Students from Scienze dei servizi giuridici:
R. Guastini, Il diritto come linguaggio, Giappichelli, Torino, II ed., except chapters VI and VII of the 3rd part.
1. HLA Hart, Il concetto di diritto, Torino, Einaudi, 2002 (except cap. X);
2. Didactic materials available on myariel (https://myariel.unimi.it/)
Not attending students:
1. R. Guastini, Filosofia del diritto positivo, Giappichelli, Torino, 2017, except: pp. 269-283 (chap. VI part III); pp. 287-306 (chap. I part IV).
2. A. Schiavello, V. Velluzzi (eds.), Percorsi del positivismo giuridico, Giappichelli, 2022.
Students from Scienze dei servizi giuridici:
R. Guastini, Il diritto come linguaggio, Giappichelli, Torino, II ed., except chapters VI and VII of the 3rd part.
Assessment methods and Criteria
Oral exam, with evaluation expressed in thirtieths plus possible praise.
For people who attend the course, it is possible to carry out one ongoing partial verification.
The exam aims to verify the knowledge of the fundamental concepts and theories of the subject, the ability to organize this knowledge discursively, the ability to develop a critical reasoning on the contents of the subject, the quality of the exposure and the lexicon used.
For people who attend the course, it is possible to carry out one ongoing partial verification.
The exam aims to verify the knowledge of the fundamental concepts and theories of the subject, the ability to organize this knowledge discursively, the ability to develop a critical reasoning on the contents of the subject, the quality of the exposure and the lexicon used.
IUS/20 - PHILOSOPHY OF LAW - University credits: 9
Lessons: 63 hours
Professor:
Poggi Francesca
Shifts:
Turno
Professor:
Poggi FrancescaSurname R-Z
Responsible
Lesson period
First semester
Course syllabus
1. The philosophy of law after the Second World War: (i) H.L.A. Hart, natural rights and legal positivism
2. The philosophy of law after World War II: (ii) Lon Fuller and the morality of law
3. Perplexities of legal theory: Hart and the clarification of the concept of law
4. A theoretical proposal: John Austin and imperativism
5. Variety of imperatives
6. Law as coercive orders
7. The variety of legal rules (i)
8. The variety of legal rules (ii)
9. The variety of legal rules (iii)
10. Sovereignty and subject (s)
11. Sovereignty and subject (ii)
12. Sovereignty and subject (iii)
13. Law as a union of primary and secondary rules (i)
14. Law as a union of primary and secondary rules (ii)
15. Law as a union of primary and secondary rules (iii)
16. Foundations of a legal system (i)
17. Foundations of a legal system (ii)
18. Foundations of a legal system (iii)
19. Formalism and skepticism about rules (i)
20. Formalism and skepticism about rules (ii)
21. Dworkin vs. Hart: Rules, Principles and judicial Discretion
22. Justice and morality (i)
23. Justice and morality (ii)
24. Justice and morality (iii)
25. Law and morals (i)
26. Law and morals (ii)
27. Law and morals (iii)
28. A problematic case: international law.
29. Hart and Rawls: Justice as Fairness
30. Rawls on the Moral Obligation to Obey the Law
31. Rawls on the Justification of Civil Disobedience
2. The philosophy of law after World War II: (ii) Lon Fuller and the morality of law
3. Perplexities of legal theory: Hart and the clarification of the concept of law
4. A theoretical proposal: John Austin and imperativism
5. Variety of imperatives
6. Law as coercive orders
7. The variety of legal rules (i)
8. The variety of legal rules (ii)
9. The variety of legal rules (iii)
10. Sovereignty and subject (s)
11. Sovereignty and subject (ii)
12. Sovereignty and subject (iii)
13. Law as a union of primary and secondary rules (i)
14. Law as a union of primary and secondary rules (ii)
15. Law as a union of primary and secondary rules (iii)
16. Foundations of a legal system (i)
17. Foundations of a legal system (ii)
18. Foundations of a legal system (iii)
19. Formalism and skepticism about rules (i)
20. Formalism and skepticism about rules (ii)
21. Dworkin vs. Hart: Rules, Principles and judicial Discretion
22. Justice and morality (i)
23. Justice and morality (ii)
24. Justice and morality (iii)
25. Law and morals (i)
26. Law and morals (ii)
27. Law and morals (iii)
28. A problematic case: international law.
29. Hart and Rawls: Justice as Fairness
30. Rawls on the Moral Obligation to Obey the Law
31. Rawls on the Justification of Civil Disobedience
Prerequisites for admission
Being a first year, first semester exam, there are no specific prerequisites other than those required for access to the degree course.
Chair changes must be authorized by both teachers involved, upon request to be made after the start of the course and within the first two weeks of the course.
Chair changes must be authorized by both teachers involved, upon request to be made after the start of the course and within the first two weeks of the course.
Teaching methods
Frontal lectures with strong student involvement, in the form of group discussions initiated by the teacher or by the students themselves.
Attendance is optional, but strongly recommended.
Attendance is optional, but strongly recommended.
Teaching Resources
Bibliography
H.L.A. Hart, The Concept of Law, Second Edition, Clarendon Press, Oxford 1994
John Rawls, A Theory of Justice, Harvard University Press, Cambridge (Mass.) 1971, Chapters I and VI
Ronald Dworkin, Taking Rights Seriously, Duckworth, London 1977, Chapters II, V and VII
H.L.A. Hart, The Concept of Law, Second Edition, Clarendon Press, Oxford 1994
John Rawls, A Theory of Justice, Harvard University Press, Cambridge (Mass.) 1971, Chapters I and VI
Ronald Dworkin, Taking Rights Seriously, Duckworth, London 1977, Chapters II, V and VII
Assessment methods and Criteria
Oral exam, with evaluation expressed in thirtieths plus possible praise.
For people who attend the course, it is possible to carry out ongoing verification.
The exam aims to verify the knowledge of the fundamental concepts and theories of the subject, the ability to organize this knowledge discursively, the ability to develop a critical reasoning on the contents of the subject, the quality of the exposure and the lexicon used.
For people who attend the course, it is possible to carry out ongoing verification.
The exam aims to verify the knowledge of the fundamental concepts and theories of the subject, the ability to organize this knowledge discursively, the ability to develop a critical reasoning on the contents of the subject, the quality of the exposure and the lexicon used.
IUS/20 - PHILOSOPHY OF LAW - University credits: 9
Lessons: 63 hours
Professor:
Ricciardi Mario
Shifts:
Turno
Professor:
Ricciardi MarioEducational website(s)