Sociology of Law
A.Y. 2023/2024
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.
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.
- 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.
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
Sociology of law is the branch of sociology that studies the relations between law and society. It draws theoretical paradigms and research methods from general sociology and adapts them to the study of law.
The course is divided into two parts: a general part and a monographic part. The first part aims to frame the discipline within the social sciences and analyse some fundamental concepts, including the concept of norm, legal action, impact and effectiveness, deviance, the relationship between law and opinion and between social change and legal change.
The second part aims to deepen the theme of the recognition of the fundamental rights of people historically placed 'on the margins' of the law - in particular women, persons with disabilities and foreigners - starting from the analysis of the relation between social and legal change.
Syllabus:
Law as a social phenomenon
Sociology of law between theory and research
Social norms and legal norms
Monism and legal pluralism
Legal action and its effects
Action, compliance and deviance
Impact and effectiveness of the legal norms
Institutions between law and society: rights, family, prison
Law and opinion
Social change and legal change
The abstract subject of law, the 'situated' subjects of law. Focus on women, foreigners and people with disabilities
The course is divided into two parts: a general part and a monographic part. The first part aims to frame the discipline within the social sciences and analyse some fundamental concepts, including the concept of norm, legal action, impact and effectiveness, deviance, the relationship between law and opinion and between social change and legal change.
The second part aims to deepen the theme of the recognition of the fundamental rights of people historically placed 'on the margins' of the law - in particular women, persons with disabilities and foreigners - starting from the analysis of the relation between social and legal change.
Syllabus:
Law as a social phenomenon
Sociology of law between theory and research
Social norms and legal norms
Monism and legal pluralism
Legal action and its effects
Action, compliance and deviance
Impact and effectiveness of the legal norms
Institutions between law and society: rights, family, prison
Law and opinion
Social change and legal change
The abstract subject of law, the 'situated' subjects of law. Focus on women, foreigners and people with disabilities
Prerequisites for admission
No prior knowledge is required.
Preparatory Courses: Private Law, Constitutional Law.
Preparatory Courses: Private Law, Constitutional Law.
Teaching methods
Frontal lessons, class discussion, seminars.
Teaching Resources
Attending and non-attending students:
- V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive). Chapters 1, 2, 3, 6, 7. Chapter. 4 only the paragraphs 1-3-5.
- F. Vianello, Il carcere, in A. Dino, C. Rinaldi (edited by), Sociologia della devianza e del crimine. Prospettive, ambiti e sviluppi contemporanei, Mondadori, Milano 2021.
- V. Ferrari, La dinamica del diritto, in V. Ferrari, Lineamenti di sociologia del diritto. I. Azione giuridica e sistema normativo, Laterza, Roma-Bari 1997.
Two of the following essays:
- M.G. Bernardini, To be or not to be ... disabled. Identità in bilico tra lotta per il riconoscimento e (post-) identity problem, in Ragion Pratica, 2\2015.
- O. Giolo, La responsabilità delle donne, tra patriarcato e neoliberalismo, in A. Verza, S. Vida (edited by), Postfemminismo e neoliberalismo, Aracne Editrice, Roma 2020.
- L. Mancini, L'accesso alla cittadinanza italiana. Una lettura critica, in Sociologia del diritto, 3\2021.
Except from the book Diritto e società. Elementi di sociologia del diritto, all the essays are available on the Ariel platform.
- V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive). Chapters 1, 2, 3, 6, 7. Chapter. 4 only the paragraphs 1-3-5.
- F. Vianello, Il carcere, in A. Dino, C. Rinaldi (edited by), Sociologia della devianza e del crimine. Prospettive, ambiti e sviluppi contemporanei, Mondadori, Milano 2021.
- V. Ferrari, La dinamica del diritto, in V. Ferrari, Lineamenti di sociologia del diritto. I. Azione giuridica e sistema normativo, Laterza, Roma-Bari 1997.
Two of the following essays:
- M.G. Bernardini, To be or not to be ... disabled. Identità in bilico tra lotta per il riconoscimento e (post-) identity problem, in Ragion Pratica, 2\2015.
- O. Giolo, La responsabilità delle donne, tra patriarcato e neoliberalismo, in A. Verza, S. Vida (edited by), Postfemminismo e neoliberalismo, Aracne Editrice, Roma 2020.
- L. Mancini, L'accesso alla cittadinanza italiana. Una lettura critica, in Sociologia del diritto, 3\2021.
Except from the book Diritto e società. Elementi di sociologia del diritto, all the essays are available on the Ariel platform.
Assessment methods and Criteria
Oral exam (maximum score: 30\30 cum laude). The final assessment takes into account active participation during the course. 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.
Surname M-Z
Responsible
Lesson period
Second semester
TEACHING METHODS. Classes will be live-streamed on Microsoft Teams, following the lessons timetable. Live-streamed classes will be recorded and will be available to students on the same platform.
Relevant information about how to join the classes on Microsoft Teams and other instructions will be available on the Ariel website of the course. Please browse it regularly.
Course syllabus and Teaching Resources (reference material). The course syllabus and reference material are unchanged. LEARNING ASSESSMENT METHODS. There will be no changes to the methods for assessing learning and the assessment criteria. EXAMINATION. The examination will take place orally on Microsoft Teams. Should the health situation allow it, subject to the availability of classrooms and the necessary safety conditions, the examination will take place in the classroom. However, students who are unable to travel from their place of residence and/or domicile will be able to take the examination remotely. Further information and updates will be made available on the course ARIEL website. It is therefore recommended that students check the Ariel website regularly.
Relevant information about how to join the classes on Microsoft Teams and other instructions will be available on the Ariel website of the course. Please browse it regularly.
Course syllabus and Teaching Resources (reference material). The course syllabus and reference material are unchanged. LEARNING ASSESSMENT METHODS. There will be no changes to the methods for assessing learning and the assessment criteria. EXAMINATION. The examination will take place orally on Microsoft Teams. Should the health situation allow it, subject to the availability of classrooms and the necessary safety conditions, the examination will take place in the classroom. However, students who are unable to travel from their place of residence and/or domicile will be able to take the examination remotely. Further information and updates will be made available on the course ARIEL website. It is therefore recommended that students check the Ariel website regularly.
Course syllabus
Sociology of law is the general empirical science of law. In the first part of this course the distinction between sociology of law, on the one hand, and the legal dogmatics (in the plural) and the teleo-/tecnological sciences of law, on the other, is addressed. In this part, also the notions for law ("[objektives] Recht") offered by Max Weber and Theodor Geiger are discussed. The second part is devoted the the problem of the empirical conceptualization of "norm", "obligation", and "right". In this connection, the theoretical contributions of Vincenzo Ferrari, Niklas Luhmann, Theodor Geiger and Leon Petrażycki are discusssed. Next, an empirical conceptualization for those concepts will be proposed capable of causally explaining the emergence of the social phenomenon referred to as "[objektives Recht]" by Theodor Geiger.
Prerequisites for admission
None
Teaching methods
Classroom-Taught Lectures
Teaching Resources
Attending students: The assignments.
Non-attending students:
(1). Mandatory for all non-attending students:
Edoardo Fittipaldi, Norma. Una concettualizzazione per la sociologia del diritto e le altre scienze sociali. Milan: LED.
Further, the non-attending students shall choose and study between:
(2.1). Vincenzo Ferrari, Prima lezione di sociologia del diritto. Roma-Bari: Laterza (pp. 1-177, 178 pagine; the introduction may not be studied).
OR
(2.2). Morris L. Ghezzi, Il diritto come estetica. Milano: Mimesis (pp. 13-111, 99 pagine)
Edoardo Fittipaldi, Convergenze. Disponibile su ARIEL (4 pagine) (This text is part of program 2.2. only)
Simonetta Balboni Ghezzi, Due pensatori a confronto. Available on ARIEL (7 pagine) (This text is part of program 2.2. only)
Non-attending students:
(1). Mandatory for all non-attending students:
Edoardo Fittipaldi, Norma. Una concettualizzazione per la sociologia del diritto e le altre scienze sociali. Milan: LED.
Further, the non-attending students shall choose and study between:
(2.1). Vincenzo Ferrari, Prima lezione di sociologia del diritto. Roma-Bari: Laterza (pp. 1-177, 178 pagine; the introduction may not be studied).
OR
(2.2). Morris L. Ghezzi, Il diritto come estetica. Milano: Mimesis (pp. 13-111, 99 pagine)
Edoardo Fittipaldi, Convergenze. Disponibile su ARIEL (4 pagine) (This text is part of program 2.2. only)
Simonetta Balboni Ghezzi, Due pensatori a confronto. Available on ARIEL (7 pagine) (This text is part of program 2.2. only)
Assessment methods and Criteria
Oral exam
Educational website(s)
Professor(s)
Reception:
Meetings with students take place in person on Tuesday at 10 and in other times and days always by appointment via email
Dipartimento 'Cesare Beccaria', MTeams