Philosophy of Law Advanced
A.Y. 2022/2023
Learning objectives
The aim of the course is to develop the ability to understand, analyse and critique the right to freedom of expression in the political-legal sphere in the context of modern constitutionalism, as well as to develop applied and practical skills and competences, through the study of general legal concepts such as freedom, fundamental rights, balance and the analysis of their functioning in public discourse. In particular, classical theoretical frameworks, such as the distinction between positive and negative freedom, and communication theory are analysed: expressive, manipulative and persuasive effects are addressed in order to understand the limits and possibilities as well as the use and abuse of freedom of expression.
Expected learning outcomes
- Knowledge and understanding of the problems relating to the definitions of the most important legal theoretical concepts, their mutual relations and practical effects
- Ability to apply the tools of conceptual legal analysis to new concepts and issues
- Critical judgment acquired through practical tests
- Development of a communication skill and excellent mastery of legal concepts, acquired through discussions
- Independent learning acquired by managing the main tools of conceptual analysis
- Ability to apply the tools of conceptual legal analysis to new concepts and issues
- Critical judgment acquired through practical tests
- Development of a communication skill and excellent mastery of legal concepts, acquired through discussions
- Independent learning acquired by managing the main tools of conceptual analysis
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
The course programme will be as follows:
Lesson 1: Introduction to the course - Freedom of expression in the modern and contemporary history of ideas.
Lesson 2: Concept and Conceptions of freedom in Political Philosophy and Philosophy of Law.
Lesson 3: Freedom as a subjective legal position - negative freedom and positive freedom
Lesson 4: Freedom as a right, fact or value
Lesson 5: Freedom of expression and Political Liberalism
Lesson 6: Freedom of expression in 20th Century Constitutionalism
Lesson 7: Freedom of expression in Neo-Constitutionalism
Lesson 8: Freedom of expression in the current Italian legal context
Lesson 9: Freedom of thought, expression and tolerance
Lesson 10: Limits to freedom of expression and censorship and case studies
Lesson 11: The phenomena of propaganda, satire and criticism in public debate and case studies
Lesson 12: Freedom of expression and Democracy (in the Digital Age)
Lesson 13: Freedom of expression and expertise/science and Case Studies
Lesson 14: Public Freedom of Information (Freedom of Expression and Press and their Limits) and Case Studies
Lesson 15: Freedom and State Secrets and Case Studies
Lesson 16: Hate speech and denial - case studies
Lesson 17: Freedom of expression in the context of Social Media and Fake News - Case Studies
Lesson 18: Freedom of expression and the Balancing of Values, Freedoms and Rights - Case Studies
Lesson 19: Freedom of expression in the religious domain in the contemporary multicultural context - Case Studies
Lesson 20: Freedom of expression and Public Policy - Case Studies
Lesson 21: Freedom of Expression vs. Dignity and Honour - Case Studies
Lesson 1: Introduction to the course - Freedom of expression in the modern and contemporary history of ideas.
Lesson 2: Concept and Conceptions of freedom in Political Philosophy and Philosophy of Law.
Lesson 3: Freedom as a subjective legal position - negative freedom and positive freedom
Lesson 4: Freedom as a right, fact or value
Lesson 5: Freedom of expression and Political Liberalism
Lesson 6: Freedom of expression in 20th Century Constitutionalism
Lesson 7: Freedom of expression in Neo-Constitutionalism
Lesson 8: Freedom of expression in the current Italian legal context
Lesson 9: Freedom of thought, expression and tolerance
Lesson 10: Limits to freedom of expression and censorship and case studies
Lesson 11: The phenomena of propaganda, satire and criticism in public debate and case studies
Lesson 12: Freedom of expression and Democracy (in the Digital Age)
Lesson 13: Freedom of expression and expertise/science and Case Studies
Lesson 14: Public Freedom of Information (Freedom of Expression and Press and their Limits) and Case Studies
Lesson 15: Freedom and State Secrets and Case Studies
Lesson 16: Hate speech and denial - case studies
Lesson 17: Freedom of expression in the context of Social Media and Fake News - Case Studies
Lesson 18: Freedom of expression and the Balancing of Values, Freedoms and Rights - Case Studies
Lesson 19: Freedom of expression in the religious domain in the contemporary multicultural context - Case Studies
Lesson 20: Freedom of expression and Public Policy - Case Studies
Lesson 21: Freedom of Expression vs. Dignity and Honour - Case Studies
Prerequisites for admission
According to the Faculty Handbook students are required to pass Private Law and Constitutional Law before sitting for this exam
Teaching methods
The course takes the form of face-to-face classes, but the active participation of students is always encouraged and fostered, as is discussion among them and with the professor. In particular, the second part of the course, which will be devoted to the analysis of jurisprudence and case law, will have a practical and interactive approach and therefore proactive participation by students is strongly recommended.
Teaching Resources
The oral examination will focus on one of the two books of the student's choice:
- Freedom of Expression. History and reason by F. J. Ansuategui Roig - Giappichelli 2018
or, alternatively
- For Freedom of Expression. A philosophical anthology: from Milton to Mill by F. Mastromartino Giappichelli 2014
Attendance is strongly recommended.
Optional materials for further study at the student's discretion.
In addition to the textbook that will be chosen by each student, those interested may optionally consult and read the additional materials that will be indicated in class and uploaded to the course page on the Ariel Unimi portal.
- Freedom of Expression. History and reason by F. J. Ansuategui Roig - Giappichelli 2018
or, alternatively
- For Freedom of Expression. A philosophical anthology: from Milton to Mill by F. Mastromartino Giappichelli 2014
Attendance is strongly recommended.
Optional materials for further study at the student's discretion.
In addition to the textbook that will be chosen by each student, those interested may optionally consult and read the additional materials that will be indicated in class and uploaded to the course page on the Ariel Unimi portal.
Assessment methods and Criteria
Oral Exam. No intermediate tests. Method of Grading: The final examination at the end of the course will be oral and the grade will be 18-30/30 cum laude. Assessment criteria are the correctness and consistency of the subject matter, clarity of language and argumentation, and the ability to analyze and think critically.
Professor(s)
Reception:
Every day subject to previous appointment by email required
Department / OnLine Teams or by other Platform up to Students' request