Philosophy of law and legal information technology

A.Y. 2019/2020
9
Max ECTS
63
Overall hours
SSD
IUS/20
Language
Italian
Learning objectives
Philosophy of law: - Knowledge of the fundamental concepts of legal theory, acquaintance with the main theories of law and of with the state of the art with respect to ongoing academic debate; - Ability to rework the topics covered in the lessons and to apply theoretical knowledge to concrete situations; - Use of appropriate language in the presentation of problems and in the argumentation for or against a certain choice.

Legal informatics: - 1. Knowledge and understanding The course aims to provide students of sociology of law and philosophy of law with a correct approach to the use of technologies by the jurist ("Legal informatics"), with particular attention to practical use computer and networking for professional purposes, in court, in the typical activity of a law firm or notary, for the corporate lawyer and an understanding of IT-legal issues. Attention will also be devoted to IT-legal issues related to philosophical and sociological problems. 2. Application of knowledge and understanding The acquired notions will be of immediate theoretical and practical use to improve the relationship between the user and the technologies used, and will allow a more accurate understanding of all aspects of a constantly evolving field, especially from a sociological and philosophical point of view. 3. Formulation of judgments The Course will provide students with the ability to choose at any time the correct use of the technologies and the environment in which they will operate, with independent evaluation approaches (and not necessarily linked to the product or software "most used" ") And with constant practical attention to a use of technologies that is useful in the future professional context. 4. Communication skills The course will give students the opportunity to present complex technological and IT-legal issues with language properties and with clarity. 5. Learning skills The course aims to provide students with a concrete improvement in their IT-legal skills with a very rapid learning curve and with the possibility of immediately using the notions learned, even outside the university context.
Expected learning outcomes
Philosophy of law: At the end of the course, the student will be familiar with the main issues of legal theory, and learned adequate argumentative skills at a conceptual level and also acquired skills necessary for a deeper understanding of the philosophical dimension of the main regulatory problems in law.

Legal informatics: At the end of the course the student who has successfully learned the subject will have an in-depth knowledge of the course topics, with the acquisition of a reasoning method suitable for dealing with more specific and complex IT-legal issues than the institutional notions.
Course syllabus and organization

Unique edition

Responsible
Lesson period
First semester
Course syllabus
Part I (Legal Philosophy)

Lecture 1 Justice: (i) Phenomenology of Injustice (chap. 4, pp. 77-79)
Lecture 2 Justice: (ii) Aristotle on Justice (ch. 4, pp. 79-83)
Lecture 3 Justice: (iii) Reciprocity and Justice (chap. 4, pp. 83-85)
Lecture 4 Justice: (iv) Mutuality of Restrictions and Justice (ch. 4, pp. 85-87)
Lecture 5 Justice: (v) Impartiality and Justice (ch. 4, pp. 87-91)
Lecture 6 Justice: (vi) Non-comparative Justice (ch. 4, pp. 91-92)
Lecture 7 Responsibility: (i) Responsibility between Ethics and Law (ch. 6, pp. 117-118)
Lecture 8 Responsibility: (ii) The Analysis of Responsibility (chap. 6, pp. 118-120)
Lecture 9 Responsibility: (iii) Responsibility as Cability (chap. 6, pp. 120-123)
Lecture 10 Responsibility: (iv) Responsibility as a Cause (chap. 6, pp. 123-125)
Lecture 11 Responsibility: (v) Responsibility as Guilt: Intention and Justifications (chap. 6, pp. 125-127)
Lecture 12 Responsibility: (vi) Responsibility as Guilt: Freedom and Excuses (chap. 6, pp. 127-130)
Lecture 13 Rights: (i) The Concept of Subjective Right (ch. 7, pp. 131-135)
Lecture 14 Rights: (ii) Conceptions of Rights (chap. 7, pp. 135-141)
Lecture 15 Rights: (iii) The Content of Rights (ch. 7, pp. 141-144)
Lecture 16 Wrong: (i) Is There a Philosophy of Private Law? (ch. 8, pp. 145-148)
Lecture 17 Wrong: (ii) Tort and Civil Liability (chap. 8, pp. 148-153)
Lecture 18 Wrong: (iii) The Concept of Tort and the Principles of Justice (ch. 8, pp. 153-166)
Lecture 19 Contract: The Justifications of Contractual Obligations
Lecture 20 Property: (i) Concept and Conceptions of Property (chap. 10, pp. 193-199)
Lecture 21 Property: (ii) The justifications of Property (chap. 10, pp. 200-205)

Part II (Legal Informatics)

Lesson 1: legal security and IT: from the Privacy Code to the GDPR, data protection in the information society.
Lesson 2: the GDPR and the main obligations.
Lesson 3: GDPR, risk analysis and security measures.
Lesson 4: digital public administration.
Lesson 5: open data and electronic voting.
Lesson 6: the digital single market
Lesson 7: the sharing economy.
Lesson 8: the legal problems of e-commerce.
Lesson 9: the blockchain and distributed ledgers.
Lesson 10: artificial intelligence and machine learning.
Prerequisites for admission
Philosophy of Law.
Teaching methods
Lectures. Questions and discussion at the end of lecture time.
Teaching Resources
Mario Ricciardi, Andrea Rossetti, Vito Velluzzi (a cura di), Filosofia del diritto. Norme, concetti, argomenti, Carocci, Roma, 2015

P. Perri, G. Ziccardi (a cura di), Tecnologia e diritto. Informatica Giuridica, Volume II (2019), Giuffrè, Milano, 2019 (Excluded chapters V, IX, XIII, XV XVIII, XXI, XXIII, XXIV XXVII XXXII).
Assessment methods and Criteria
Oral Exam. No intermediate tests.
Filosofia del diritto
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor: Ricciardi Mario
Informatica Giuridica
IUS/20 - PHILOSOPHY OF LAW - University credits: 3
Lessons: 21 hours
Professor: Ziccardi Giovanni