Sociology of law and legal information technology

A.Y. 2019/2020
9
Max ECTS
63
Overall hours
SSD
IUS/20
Language
Italian
Learning objectives
With regard to Sociology of Law: The aim of this course is to provide students with knoweldge about the theoretical and empirical profiles of the Sociology of Law, a discipline that studies the relationships between law and society. The course aims to train students in light of a non dogmatic/non "formalistic" conception of law, through the study of sociological theories and social sciences research methods. It aims to encourage students to wonder about conflicts and power relations as well as about sociopolitical and socioeconomic reasons; this in turn through the analysis and comprehension of the context in which for example a law or a judgement are adopted. Frontal lessons and class discussion will both foster the understanding and critical elaboration of the contents of the course.

With regard to Legal Informatics: The aim of this course is to provide students with technical and legal knowledge about the use of technologies by the jurist. The course aims to provide the jurist with a correct approach to technologies, with great attention to the practical use of the computer and the network connection for professional purposes, in Court, in the typical activities of a law firm or notary and for the business legal expert. Attention will also be devoted to IT-legal issues related to sociological issues. Practical lessons, shaped by students' active participation, will contribute to achieve the aim of the course.
Expected learning outcomes
With regard to Sociology of Law: At the end of the course students are expected to have developed, within the Sociology of Law, their capacity to learn through the study of theoretical contributions and the analysis of empirical researches, thus being able to critically elaborate them and questioning legal phenomena from a non dogmatic "formalistic" perspective; their capacity to apply theoretical knowledge to specific sectors and legal aspects as well as their capacity of analysis and synthesis. Students are also expected to have developed their ability to formulate autonomous judgments, in particular having learned how to defend a thesis and develop supporting arguments. Moreover, they are expected to have acquired an adequate command of language and a level of knowledge of Sociology of Law and its relationships with the other social sciences that allow them to continue to study in a manner that may be largely self-directed and autonomous.

With regard to Legal Informatics: At the end of the course students are expected to have developed, within the Legal Informatics, their capacity to critically address themes and resolve legal issues through the elaboration of the acquired notions as well the ability to link different topics in order to elaborate useful proposals for the solution of concrete cases. Students are also expected to have acquired a reasoning method suitable for dealing with IT-legal topics that are more specific and complex than institutional notions. Moreover, they are expected to have strengthened their technical vocabulary.
Course syllabus and organization

Unique edition

Responsible
Lesson period
First semester
Course syllabus
Course Syllabus

Course Syllabus with regard to Sociology of Law

Part I. Introduction to the Subject, Theories, Authors and Thoughts on Empirical Research
1) An introduction to the lexicon on the subject:
This course will introduce students to some of the most used expressions in Sociology of Law, to provide them with an appropriate vocabulary to use during class discussions and the final exam.
2) An introduction to the Sociology of Law:
This course will provide students with introductory elements of knowledge about the main theorethical models that inform the subject and will mention different point of views with regard to its conceptual and scientific framework.
3) An analysis of a few authors that have contributed more relevantly to the subject:
This course will analyse authors' most relevant contributions to the subect, through an examination of the relationships between sociology of law and the other social sciences, for example anthropology (not only legal anthropology). It will show that the authors and theories that are usually framed within one or the other subject have historically influenced each other. The course will focus in particular on the thories of Joan Jacob Bachofen, Max Weber, Henry Sumner Maine, Émile Durkheim, Bronislaw Malinowsky, Paul Bohannan, Max Gluckman, Clifford Gertz and Lawrence Rosen.
4) Insights into Max Weber's writings:
This course will examine the scientific contributions that Max Weber has made to the subject, by focusing on the writings by and on Weber that are mentioned in the reading list.
5) Thoughts on empirical research:
This course will focus on the social research methods that are most frequently used and on the in class analysis of a few empirical researches.

Part II. A Few Themes Crucial for the Sociology of Law
a) Efficacy of law (an analysis of the concepts of efficacy and impact, with special reference to the theories by Vincenzo Ferrari and Lawrence M. Friedman);
b) Power (with special reference to the concepts of power and hegemony, the use of power, and the theories by Weber and Gramsci);
c) Conflict;
d) Legal culture (with special reference to the theories by Lawrence Friedman and Roger Cotterrell);
e) Legal pluralism (with special reference to the theories of the so-called classics (among whom Georges Gurvitch, Santi Romano, and Antonio Pigliaru), the horizontal (Sally Falk Moore) and vertical (Leopold Pospíŝil) conceptions of legal pluralism and the concepts of interlegality (Boaventura de Sousa Santos), strong and weak legal pluralism (John Griffiths), and global legal pluralism (eg. Anne Griffiths, William Twining and Gunther Teubner);
f) Fundamental rights;
g) Legal professions.

Part III. Monographic Part: Illiberal Democracy in a Law and Politics Perspective
In this part of the course socio-legal considerations moving from the book "La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics" (by Lucia Bellucci) on how, within the democratic rules of game and following formally democratic forms, democracies that have been defined as "illiberal" can be born. Moving from the studied book chapters a reflection on the borders of democracy and cases where, despite the imperfections of democracy, we are still confronted with a democratic state, thus showing that Sociology of Law can give a relevant contribution to this discussion.

Programme for Non Attending Students:
Besides studying all the readings mentioned for the attending students, non attending students will acquire a few theoretical foundations of the course even through the study of the pages related to Ferdinand Tönnies, Emile Durkheim, and Karl Marx, which are included in Renato Treves, Sociologia del diritto. Orgine, ricerche e problemi, Einaudi, Torino (1987)1996, pp. 48-60 and pp. 69-76, that are mentioned in the reading list.

Course Syllabus with regard to Legal Informatics

The aim of this course is to expose students to an approach to the correct use of technology by the jurist, in order to significantly improve their IT-legal skills and to allow independent evaluation procedures that will be useful for the future professional context. The program will be divided into ten lessons of two hours each, during which the lecturer will explain questions relating to: i) data governance, ii) data protection and GDPR, iii) digital public administration, iv) open data, v) electronic voting, vi) digital signatures, vii) PEC, viii) digital single markets and law, ix) e-commerce, x) sharing economy, xi) smart contracts, xii) the blockchain, xiii) artificial intelligence, xiv) cryptocurrencies, xv) machine learning and the use of DLTs.

· First lesson (2 hours): legal security and information technology: from the Privacy Code to the GDPR, data protection in the information society.
· Second lesson (2 hours): the GDPR and the main requirements.
· Third lesson (2 hours): GDPR, risk analysis and safety measures.
· Fourth lesson (2 hours): digital public administration.
· Fifth lesson (2 hours): open data and electronic voting.
· Sixth lesson (2 hours): the digital single market.
· Seventh lesson (2 hours): the sharing economy.
· Eighth lesson (2 hours): the legal issues of e-commerce.
· Ninth lesson (2 hours): the blockchain and distributed records.
· Tenth lesson (2 hours): artificial intelligence and machine learning.
Prerequisites for admission
Prerequisites for Admission

Since the course is given in the first year, first semester, it does not require propedeutic courses/specific prerequisits.
Teaching methods
Teaching Methods

With regard to Sociology of Law this course is shaped by frontal lessons and class participation/discussion. Based on the idea that class participation is an integral part of learning, students will be encouraged to develop their ability to learn through active class participation, particularly by interacting with the lecturer and listening to the views shared by other class members. Through class explanations the lecture aims to make more accessible and "easy" to understand concepts that would be more complex to comprehend if studied alone. Class attendance is therefore encouraged. To be considered in attendance, a minimum of 60% attendance rate must be maintained.
The course will be held in Italian.

With regard to Legal Informatics this cours consists of 20 hours of classroom lessons given by the lecturer.
Teaching Resources
Bibliography

The Bibliography/Reading List with regard to Sociology of Law

The reading list concerning Sociology of Law consists of a total of 306 pages for attending students and 327 pages for non attending students plus 4 sets of slides by prof Bellucci for all students.

Book Chapters and Articles
● Vincenzo Ferrari, Lineamenti di sociologia del diritto. I. Azione giuridica e sistema normativo, Laterza, Roma-Bari 1999, pp. 6-36 (31 pp.) and pp. 260-269 (10 pp.) (a total of 41 pp.)
● Vincenzo Ferrari, Sociologia del diritto, in Digesto, vol. XVIII Civile, 4th ed. UTET 1999, pp. 567-575 (9 pp.)
● Realino Marra, "Per una scienza di realtà del diritto (contro il feticismo giuridico) [second part]", Materiali per una storia della cultura giuridica, year XXXIX, n. 1, 2009, pp. 1-30) (30 pp.)
● Carla Faralli, Presentazione. Sez. I. Henry Sumner Maine nella cultura giuridica dell'Ottocento, in Henry Sumner Maine, Diritto antico, Vincenzo Ferrari (ed.), Giuffrè 1998, pp. V-XXI. (17 pp.)
● Vincenzo Ferrari, Presentazione. Sez. III. H.S. Maine precursore della sociologia del diritto, in Henry Sumner Maine, Diritto antico, Vincenzo Ferrari (ed.), Giuffrè 1998, pp. XXXVII-LI (14 pp.)
● Realino Marra, Introduzione. Max Weber giurista, in Realino Marra (ed.), Max Weber. Sulla storia delle società commerciali nel medioevo (in base a fonti dell'Europa meridionale), Atti dell'Accademia nazionale dei Lincei, Bardi edizioni, Roma 2016, pp. 129-143 (15 pp.)
● Realino Marra, La libertà degli ultimi uomini. Studi sul pensiero giuridico e politico di Max Weber, Giappichelli, Torino 1995, pp. 151-169 [chapter on Le condizioni evolutive del diritto razionale] (19 pp.)
● Kenneth D. Bailey, Metodi della ricerca sociale, italian edition edited by Maurizio Rossi, Il Mulino, Bologna (1985) 1995, pp. 22-36 (15 pp.)
● Vincenzo Ferrari, Funzioni del diritto, Laterza, Roma-Bari 1992, pp. 38-41 and 95-97 (a total of 7 pp.)
● Lawrence M. Friedman, Il sistema giuridico nella prospettiva delle scienze sociali, traduzione di Giovanni Tarello, Il Mulino, Bologna 1978, pp. 101-131 (30 pp.)
● Amedeo Cottino, Diritto e diritti, in Amedeo Cottino (a cura di), Lineamenti di sociologia del diritto, Zanichelli 2016 (5th reprint), pp. 399-402 (4 pp.)
● Vincenzo Ferrari, Diritto e Società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2004, pp. 104-109 (6 pp.) and pp. 109-114 (6 pp.) and 150-154 (5 pp.) (a total of 17 pp.)
● Cecilia Blengino, Cultura giuridica interna e cultura giuridica esterna [section on L'avvocatura], in Amedeo Cottino (ed.), Lineamenti di sociologia del diritto, Zanichelli 2016 (5th reprint), pp. 183-188 (6 pp.)
● Lucia Bellucci, La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics, Giuffrè, Milano 2018, pp. 1-82 (the introduction and first three chapters) (82 pp.)

Slides by Prof Lucia Bellucci
● Introductory slides;
● Slides on the reciprocal influences/on the relationships between Sociology of Law and other social sciences;
● Slides on the notion of legal pluralism;
● Slides on the notion of power.

For Non Attending Students:
Besides the texts that the reading list mentions for attending students, non attending students will also study the pages concerning Ferdinand Tönnies, Emile Durkheim, and Karl Marx, included in the book Renato Treves, Sociologia del diritto. Origine, ricerche e problemi, Einaudi, Torino (1987) 1996, pp. 48-60 (13 pp.) and pp. 69-76 (8 pp.) (a total of 21 pp.), which can be found on the Ariel website of the course.

The readings will be available on the Ariel website of the course, with the exception of the text "La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics". All slides mentioned in the programme are available both for attending and non attending students on the Ariel website of the course.

The Bibliography/Reading List with regard to Legal Informatics

Concerning Legal Informatics students will study on the following text:
P. Perri, G. Ziccardi (edited by), Tecnologia e diritto. Legal Informatics, Volume II (2019), Giuffrè, Milan, 2019.
The text will be studied in full except for the following chapters:
· Chapter V
· Chapter IX
· Chapter XIII
· Chapter XV
· Chapter XVIII
· Chapter XXI
· Chapter XXIII
· Chapter XXIV
· Chapter XXVII
· Chapter XXXII
Assessment methods and Criteria
Assessment Methods and Criteria

With regard to Sociology of Law, the final exam will be oral. The assessment will focus on the accuracy of contents, clarity, command of language, as well as skills of analysis and synthesis. Grades are expressed on a 18-30 cum laude scale.

With regard to Legal Informatics, the final exam will be oral. For attending students an examination is scheduled at the end of the Course in the form of a short dissertation.

Both with regard to Sociology of Law and Legal Informatics, there are no specific programmes for Erasmus students/students taking part in other student mobility programmes.
Informatica giuridica
IUS/20 - PHILOSOPHY OF LAW - University credits: 3
Lessons: 21 hours
Professor: Ziccardi Giovanni
Sociologia del diritto
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor: Bellucci Lucia