This course is aimed at providing students with the conceptual and methodological tools of sociology of law, that is, the science that investigates legal phenomena with the methods of empirical sciences; the ultimate goal being the acquisition of adequate skills to the analysis of legal phenomena from a non-dogmatic perspective. Within this framework, much time will be dedicated to the analysis of some fundamental concepts, such as the concepts of social action and social interaction, as well as the concepts of norm, law, right (including fundamental rights), social and legal change.
Expected learning outcomes
- the knowledge of the fundamental concepts and the research methods of sociology of law; - the ability to apply the skills acquired during this course to the analysis of legal phenomena; - the ability to critically and autonomously interpret legal phenomena in a legal-sociological way (rather than in legal-dogmatic way); - the ability to use the acquired knowledge with argumentative consistency and an adequate command of the legal-sociological technical terminology; - the ability to undertake—in the most possible autonomous way—in-depth studies concerning law as social phenomenon by making use of a method that should combine theoretical reflection and critical observation.
The course is divided into two parts. The first part aims to provide students with the general framework of the discipline and to analyse some fundamental topics; the second part focuses on the relationship between law and cultural diversity in a sociological perspective. Syllabus: Law as social phenomenon Sociology of law between theory and research Social norms and legal norms The concept of legal system Functions of law Legal monism and legal pluralism Legal action Effects of the legal action (impact and effectiveness, compliance and deviance) Institutions between law and society Law and opinions Social change and legal change The concept of cultural diversity The cultural diversity in contemporary societies Cultural diversity, law and rights Cultural diversity and legal professions
Prerequisites for admission
No preliminary knowledge is required. Preparatory Courses: Private Law, Constitutional Law
Lectures, in-depth seminars with the participation of experts. Power point slides will be loaded on the Ariel platform.
Attending students: 1. V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive) (except for chapter 5) 2. L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018. 3. Notes and material provided during the course
Non-attending students 1. V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive). 2. M.R. Ferrarese "La globalizzazione del diritto: dalla 'teologia politica' al 'diritto utile'", in Il tramonto della modernità giuridica. Un percorso interdisciplinare, a cura di M. Vogliotti, Giappichelli, Torino 2008 (available on Ariel platform). 3. L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018.
Erasmus Students: Specific material may be provided if required.
Assessment methods and Criteria
Attending students: Student performance will be assessed through a final oral exam or through a mid-term written test on the topics covered in the first part of the course, and a final oral exam on the topics covered in the second part. The written test is organized in the form of a questionnaire containing open-ended questions. The requirement to be considered as attending students is taking part to at least 70% of class meetings (maximum score: 30\30 cum laude). Non-attending students: Student performance will be assessed through a final oral exam (maximum score: 30\30 cum laude). The evaluation criteria will consider the knowledge of the fundamental issues of the sociology of law, the skills of critical analysis and the clarity of exposition.
Sociology of law is that part of sociology that studies the relations between law and society. I draws from general sociology its theoretical paradigms and research methods, which are based on empirical research, both qualitative and quantitative and then turned to the investigation of law. The course is two parts. The first one aims at teaching the theoretical and methodological apparatus of this discipline. Then its main concepts and paradigms, such as the concepts of norm, legal action, institution, the relation between law and social change as well as between law and opinions. The second part is dedicated to the study of laws from a sociological perspective,
Prerequisites for admission
(1). Mandatory for all non-attending students: Edoardo Fittipaldi, Psicologia giuridica e realismo: Leon Petrażycki. Milano: LED (pp. 9-148: 140 pages). Based on their preferences, they must choose and study one of the following:
(2.1). Vincenzo Ferrari, Prima lezione di sociologia del diritto. Roma-Bari: Laterza (pp. 1-177, 178 pagine; the introduction may not be studied).
(2.2). Morris L. Ghezzi, Il diritto come estetica. Milano: Mimesis (pp. 13-111, 99 pagine) Edoardo Fittipaldi, Convergenze. Disponibile su ARIEL (4 pagine) Simonetta Balboni Ghezzi, Due pensatori a confronto. Disponibile su ARIEL (7 pa-gine)