At the end of the course the student will have acquired the basic ontological categories to explore juridical domain. Notably, this module has the purpose to present the main philosophical and legal issues - along with the fundamental interpretive tools and notions - concerning the ontological status of legal reality.
Expected learning outcomes
A. The knowledge of the fundamental concepts of ontology of law; B. The ability to carry out ontological analyses of legal phenomena; C. The ability to critically discuss the main ontological aspects of legal issues; D. The ability to use the acquired knowledge with an adequate command of the legal-ontological terminology; E. The ability to undertake—in the most possible autonomous way—in-depth studies concerning the ontological aspects of various legal institutions
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
In what sense do legal entities exist? This question, in turn, unfolds into the following sub-questions: Where are legal entities, and what are they? What is their relation to the natural world? How do they relate to other phenomena studied in philosophy like shared beliefs, institutional facts, mental states, social behaviours, moral qualities, etc.? In particular, three fundamental further questions will be dealt with: How do we create legal entities? How do we maintain them in existence? How do we document (or represent) their existence?
Basic reality and human reality. Social reality. Legal reality. Brute facts vs. institutional facts. Regulative rules vs. constitutive rules. Legal performatives. Legal validity.
Prerequisites for admission
Have attended or being attending Philosophy of Law.
Classroom-taught lessons and lessons on Teams. Check ARIEL page.
They will be provided by the instructors during the course.