Sociology of law

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/20
Language
Italian
Learning objectives
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.
Course syllabus and organization

Surname A-L

Responsible
Lesson period
Second semester
In case of emergency due to Covid-19 pandemic in the second semester of the academic year 2020-2021, the course will be delivered in online mode through the Microsoft Teams platform.
The requirement to be considered as attending students is taking part in at least 70% of the forum discussions on the topics that will be posted on a weekly basis on the Ariel website and will concern the content covered in class.
The exam will take place in oral form.
Course syllabus
The course is divided into two parts. The first part is dedicated to the analysis of fundamental concepts and topics in order to frame the sociological approach to the study of the legal phenomenon. In this perspective, the second part of the course aims to delve the relationship between law, globalization and pluralism with particular reference to the dynamics that characterize contemporary multicultural contexts.

Syllabus:
Law as social phenomenon
Sociology of law between theory and research
Social norms and legal norms
Sociological conceptions of law
Functions of law
The concept of legal pluralism
Legal action
Effects of the legal action (impact and effectiveness, compliance and deviance)
Institutions between law and society
Law and opinions
Globalization and legal globalization
The concept of cultural diversity
Cultural diversity, law and rights
Prerequisites for admission
No prior knowledge is required.
Preparatory Courses: Private Law, Constitutional Law
Teaching methods
Frontal lessons, class discussion, seminars. PowerPoint slides will be uploaded on the Ariel platform.
Teaching Resources
Attending Students:
- V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive) (escluso cap. V)
- L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018.
- - Students' notes; slides and other sources suggested before and during the course.

Non-attending students:
- V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive)
- M.R. Ferrarese "La globalizzazione del diritto: dalla 'teologia politica' al 'diritto utile'", in Il tramonto della modernità giuridica. Un percorso interdisciplinare, edited by M. Vogliotti, Giappichelli, Torino 2008 (this essay is available on the Ariel platform).
- 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: The exam will cover the content of the lessons and the suggested texts. Attending students may choose to take an oral exam or an intermediate 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 of the course. The written test consists of some open-ended questions.
The requirement to be considered as attending students is taking part in at least 70% of class meetings (maximum score: 30\30 cum laude).
Non-attending students: The exam will cover the content of the suggested texts. 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.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor: Mancini Letizia

Surname M-Z

Responsible
Lesson period
Second semester
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor: Fittipaldi Edoardo
Professor(s)
Reception:
The reception takes place at the 'Cesare Beccaria' Department or on the Microsoft Teams platform (the Team code is as follows: syd99y3) on Wednesdays at 11.30 by appointment via email: letizia.mancini@unimi.it
Dipartimento di Scienze Giuridiche 'Cesare Beccaria', Sezione di Filosofia e Sociologia del diritto