General Theory of Law
A.Y. 2023/2024
Learning objectives
The aim of the course is to improve students' capability of comprehension, analysis and critical thinking upon the law in force, and to introduce students to both theoretical and practical skills and abilities, by means of investigating and learning some main legal concepts and their uses and functioning in the domain of law and legal reasoning. In particular, the course will deal with some fundamental concepts such as the concept of norm, legal principles, legal system, validity, sources of law, showing their mutual relations and their effects on some pervasive problems of legal interpretation.
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: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-L
Responsible
Lesson period
Second semester
Course syllabus
Objects and methods of general jurisprudence; legal interpretation and its problems; the concepts of provision and norm; the concepts of law; theories of legal norm; the concepts of validity; the concepts of effectiveness and applicability; legal system; coherence and congruence; the problem of legal gaps; the difference between law and morality; the concepts of right; dynamic and static theories of rights; rights and principles.
Prerequisites for admission
There are no specific prerequisites
Teaching methods
Frontal lessons (42 hours) with the use of PowerPoint presentations and active involvement of the students, who will be encouraged during the lesson and at its end to discuss the topics presented and ask questions.
Teaching Resources
For non-attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013;
(2) G. Pino, Diritti e interpretazione, Bologna, Il Mulino, 2010, save for Ch. 2 and 3;
For attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013, pp. 9-147;
(2) M. Ricciardi, A. Rossetti, V. Velluzzi (eds.), Filosofia del diritto: norme, concetti, argomenti, Roma, Carocci, 2015, Ch. 6, 8, 9, 11;
(3) Materials to be handed out in classroom / uploaded on the ariel website of the course.
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013;
(2) G. Pino, Diritti e interpretazione, Bologna, Il Mulino, 2010, save for Ch. 2 and 3;
For attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013, pp. 9-147;
(2) M. Ricciardi, A. Rossetti, V. Velluzzi (eds.), Filosofia del diritto: norme, concetti, argomenti, Roma, Carocci, 2015, Ch. 6, 8, 9, 11;
(3) Materials to be handed out in classroom / uploaded on the ariel website of the course.
Assessment methods and Criteria
Oral exam.
Evaluation criteria: exposition quality; ability to organize knowledge; ability to manage the concepts and methods of conceptual analysis and to apply them to new legal problems.
Evaluation criteria: exposition quality; ability to organize knowledge; ability to manage the concepts and methods of conceptual analysis and to apply them to new legal problems.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professors:
Ferraro Francesco, Ricciardi Mario
Surname M-Z
Responsible
Lesson period
Second semester
Course syllabus
Lecture 1 (2 hours) Introduction to the lecture - Legal method: theoretical models and legal practise
Lecture (2 hours) The concepts of norm and principle: minimal term and concepts, typologies - case studies
Lecture 3 (2 hours) The concepts of system and legal order, systematics and systematisation of law - case studies
Lecture 4 (2 hours) Terms and concepts of sources of law - case studies
Lecture 5 (2 hrs) Concepts of legal hierarchy and competence - case studies
Lecture 6 (2 hrs) Application of law ("in concreto" and "in abstracto") - case studies
Lecture 7 (2 hrs) Justification, motivation and legal argumentation - case studies
Lecture 8 (2 hrs.) Argumentation based on principles (constitutional, fundamental, supreme) - case studies
Lecture 9 (2 hrs.) Precedents and their application by the courts - case studies
Lecture 10 (2 hrs.) Legal interests and relations to principles and rights between theory and practise - case studies
Lecture 11 (2 hrs.) Recap lesson of first part of the course
Lecture 12 (2 hrs.) Introduction to "Legisprudence": science of legislation and justification of legislative activity
Lecture 13 (2 hrs.) Justification of laws in the international context
Lecture 14 (2 hrs.) Justification of laws in the European context
Lecture 15 (2 hrs.) Justification of state laws in the Italian constitutional legal system
Lecture 16 (2 hrs.) The Examples of the European Better / Smart Regulation
Lecture 17 (2 hrs.) The Case of "Motivated" Regional Laws
Lecture 18 (2 hrs.) Case Studies
Lecture 19 (2 hrs.) Case Studies
Lecture 20 (2 hrs.) Case Studies
Lecture 21 (2 hrs.) Case Studies
Lecture (2 hours) The concepts of norm and principle: minimal term and concepts, typologies - case studies
Lecture 3 (2 hours) The concepts of system and legal order, systematics and systematisation of law - case studies
Lecture 4 (2 hours) Terms and concepts of sources of law - case studies
Lecture 5 (2 hrs) Concepts of legal hierarchy and competence - case studies
Lecture 6 (2 hrs) Application of law ("in concreto" and "in abstracto") - case studies
Lecture 7 (2 hrs) Justification, motivation and legal argumentation - case studies
Lecture 8 (2 hrs.) Argumentation based on principles (constitutional, fundamental, supreme) - case studies
Lecture 9 (2 hrs.) Precedents and their application by the courts - case studies
Lecture 10 (2 hrs.) Legal interests and relations to principles and rights between theory and practise - case studies
Lecture 11 (2 hrs.) Recap lesson of first part of the course
Lecture 12 (2 hrs.) Introduction to "Legisprudence": science of legislation and justification of legislative activity
Lecture 13 (2 hrs.) Justification of laws in the international context
Lecture 14 (2 hrs.) Justification of laws in the European context
Lecture 15 (2 hrs.) Justification of state laws in the Italian constitutional legal system
Lecture 16 (2 hrs.) The Examples of the European Better / Smart Regulation
Lecture 17 (2 hrs.) The Case of "Motivated" Regional Laws
Lecture 18 (2 hrs.) Case Studies
Lecture 19 (2 hrs.) Case Studies
Lecture 20 (2 hrs.) Case Studies
Lecture 21 (2 hrs.) Case Studies
Prerequisites for admission
Preparatory courses: as per Regulation of the course degrees. In particular, Private Law Institutions and Constitutional Law are considered as preparatory courses.
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
Class materials: L. Gianformaggio, Filosofia del diritto e ragionamento giuridico, Giappichelli, rist. 2018; F. Ferraro e S. Zorzetto (a cura di), La motivazione delle leggi, Giappichelli, Torino, 2018. For students attending class, the text of the judicial decisions to be analysed during class will be available as a PDF copy on the Ariel page of the course.
Assessment methods and Criteria
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.
Educational website(s)
Professor(s)
Reception:
Every day subject to previous appointment by email required
Department / OnLine Teams or by other Platform up to Students' request