Philosophy and Politics of Law
A.Y. 2023/2024
Learning objectives
The course has two learning objectives. The first objective is to provide students with knowledge of the main legal concepts as elaborated in legal theory. The second objective is to introduce to the philosophical analysis of different conceptions of freedom in relation to law, and to consider their implications for the politics of law, with special reference to the case law of constitutional and supranational courts.
Expected learning outcomes
At the end of the course students should have acquired:
- knowledge of the main concepts, categories and distinctions of legal language with special reference to contemporary legal systems and the capability to use them properly;
- understanding of central issues in the theoretical reflection on law;
- understanding of the different forms of legal action and of their link with political objectives and strategies and with different conceptions of justice;
- capability to apply the concepts elaborated in the theoretical reflection on law to the analysis of norms and cases and to associate them to different options as regards the politics of law;
- capability of reading and analysing texts in normative theory;
- capability to compare and discuss different normative positions.
- knowledge of the main concepts, categories and distinctions of legal language with special reference to contemporary legal systems and the capability to use them properly;
- understanding of central issues in the theoretical reflection on law;
- understanding of the different forms of legal action and of their link with political objectives and strategies and with different conceptions of justice;
- capability to apply the concepts elaborated in the theoretical reflection on law to the analysis of norms and cases and to associate them to different options as regards the politics of law;
- capability of reading and analysing texts in normative theory;
- capability to compare and discuss different normative positions.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
The course will be structured in three units of ten classes each.
The first unit will focus on fundamental legal concepts and on the main characters of contemporary Constitutional systems.
The first unit will focus on fundamental legal concepts and on the main characters of contemporary Constitutional systems.
Prerequisites for admission
To take the exam of Filosofia e politica del diritto students should have already passed the exam of Diritto pubblico or Public Law.
The standard language for lectures and class presentations will be Italian and attending students will be required to read texts and participate to class discussion in that language.
Students who don't have the knowledge of the Italian language necessary to take part to these activities could take the exam in English as non-attending students.
The standard language for lectures and class presentations will be Italian and attending students will be required to read texts and participate to class discussion in that language.
Students who don't have the knowledge of the Italian language necessary to take part to these activities could take the exam in English as non-attending students.
Teaching methods
The teaching activities will include three weekly lectures . Attending students could also be required to give class presentations in forms that will be agreed during the course. The language for those activities will be Italian. Students who don't have the knowledge of the Italian language necessary to attend classes with profit could take the exam in English as non-attending students.
For the final exam, non-attending students who wants to take the exam in English should prepare the texts listed in the bibliography (see section below). Students who need clarification on the assigned texts can ask the teacher during office hours.
For the final exam, non-attending students who wants to take the exam in English should prepare the texts listed in the bibliography (see section below). Students who need clarification on the assigned texts can ask the teacher during office hours.
Teaching Resources
Students who don't have the knowledge of the Italian language necessary to attend the classes with profit, but who are interested in the topics of the course, could take the exam in English as non-attending students. To prepare for the exam they should study the following texts:
- Hart, H.L.A., The Concept of Law, second edition with a Postscript, Oxford University Press, Oxford, 1994, chapters 5-9 without paragraph 6.3.
- Mill, J.S., On Liberty, any complete edition..
- Carter, I., "Positive and Negative Liberty", in Stanford Encyclopedia of Philosophy (Winter 2019 Edition), URL= https://plato.stanford.edu/archives/win2019/entries/liberty-positive-negative/.
- Pettit, P., "Law and Liberty", in Legal Republicanism. National and International Perspectives, a cura di S. Besson e J.L. Martí, Oxford University Press, Oxford, 2009, pp. 39-59*.
- Sen, A., Development as Freedom, Oxford University Press, Oxford, 1999, chapters 1, 2, and 12.
Text with a star (*) will be made available through Ariel.
- Hart, H.L.A., The Concept of Law, second edition with a Postscript, Oxford University Press, Oxford, 1994, chapters 5-9 without paragraph 6.3.
- Mill, J.S., On Liberty, any complete edition..
- Carter, I., "Positive and Negative Liberty", in Stanford Encyclopedia of Philosophy (Winter 2019 Edition), URL= https://plato.stanford.edu/archives/win2019/entries/liberty-positive-negative/.
- Pettit, P., "Law and Liberty", in Legal Republicanism. National and International Perspectives, a cura di S. Besson e J.L. Martí, Oxford University Press, Oxford, 2009, pp. 39-59*.
- Sen, A., Development as Freedom, Oxford University Press, Oxford, 1999, chapters 1, 2, and 12.
Text with a star (*) will be made available through Ariel.
Assessment methods and Criteria
Students who don't have the knowledge of the Italian language necessary to attend classes with profit could take the exam in English as non-attending students. In that case, students should inform the teacher by email at least three days before the exam session.
The final exam for non-attending students will consist in a mandatory written test and in an optional oral test. The written test will be structured in six open-ended questions on the texts listed in the bibliography (see section below). The oral test could change the result of the written test of a maximum of three marks, for better or for worse.
The final exam for non-attending students will consist in a mandatory written test and in an optional oral test. The written test will be structured in six open-ended questions on the texts listed in the bibliography (see section below). The oral test could change the result of the written test of a maximum of three marks, for better or for worse.
Educational website(s)
Professor(s)
Reception:
Wednesday from 2, 30 p.m. Please write to [email protected]
Room 207, Department of Social and Political Sciences