Seminar: Law and Ontology
A.Y. 2023/2024
Learning objectives
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
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: First semester
Assessment methods: Attestato frequenza
Assessment result: con verifica abilita
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
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?
Analytical program
Basic reality and human reality. Social reality. Virtuale reality. Legal reality. Brute facts vs. institutional facts. Regulative rules vs. constitutive rules. Legal performatives. Legal validity. Is/Ought question.
Analytical program
Basic reality and human reality. Social reality. Virtuale reality. Legal reality. Brute facts vs. institutional facts. Regulative rules vs. constitutive rules. Legal performatives. Legal validity. Is/Ought question.
Prerequisites for admission
Having attended or being attending the course in Philosophy of Law.
Teaching methods
Classroom-taught lessons
Teaching Resources
They will be provided by the instructors during the course on Ariel.
Assessment methods and Criteria
Presentations and discussions by the students. Evaluation criteria: knowledge of the fundamental concepts of the subject and ability to develop critical reasoning about the subject content.
IUS/20 - PHILOSOPHY OF LAW - University credits: 3
Lessons: 20 hours
Professors:
Di Lucia Paolo Umberto Maria, Fittipaldi Edoardo
Educational website(s)
Professor(s)