Sociology of Law and Legal Information Technology
A.Y. 2023/2024
Learning objectives
With regard to Sociology of Law: The aim of this course is to provide students with knoweldge about the theoretical and empirical profiles of the Sociology of Law, a discipline that studies the relationships between law and society. The course aims to train students in light of a non dogmatic/non "formalistic" conception of law, through the study of sociological theories and social sciences research methods. It aims to encourage students to wonder about conflicts and power relations as well as about sociopolitical and socioeconomic reasons; this in turn through the analysis and comprehension of the context in which for example a law or a judgement are adopted. Frontal lessons and class discussion will both foster the understanding and critical elaboration of the contents of the course.
With regard to Legal Informatics: The aim of this course is to provide students with technical and legal knowledge about the use of technologies by the jurist. The course aims to provide the jurist with a correct approach to technologies, with great attention to the practical use of the computer and the network connection for professional purposes, in Court, in the typical activities of a law firm or notary and for the business legal expert. Attention will also be devoted to IT-legal issues related to sociological issues. Practical lessons, shaped by students' active participation, will contribute to achieve the aim of the course.
With regard to Legal Informatics: The aim of this course is to provide students with technical and legal knowledge about the use of technologies by the jurist. The course aims to provide the jurist with a correct approach to technologies, with great attention to the practical use of the computer and the network connection for professional purposes, in Court, in the typical activities of a law firm or notary and for the business legal expert. Attention will also be devoted to IT-legal issues related to sociological issues. Practical lessons, shaped by students' active participation, will contribute to achieve the aim of the course.
Expected learning outcomes
With regard to Sociology of Law: At the end of the course students are expected to have developed, within the Sociology of Law, their capacity to learn through the study of theoretical contributions and the analysis of empirical researches, thus being able to critically elaborate them and questioning legal phenomena from a non dogmatic "formalistic" perspective; their capacity to apply theoretical knowledge to specific sectors and legal aspects as well as their capacity of analysis and synthesis. Students are also expected to have developed their ability to formulate autonomous judgments, in particular having learned how to defend a thesis and develop supporting arguments. Moreover, they are expected to have acquired an adequate command of language and a level of knowledge of Sociology of Law and its relationships with the other social sciences that allow them to continue to study in a manner that may be largely self-directed and autonomous.
With regard to Legal Informatics: At the end of the course students are expected to have developed, within the Legal Informatics, their capacity to critically address themes and resolve legal issues through the elaboration of the acquired notions as well the ability to link different topics in order to elaborate useful proposals for the solution of concrete cases. Students are also expected to have acquired a reasoning method suitable for dealing with IT-legal topics that are more specific and complex than institutional notions. Moreover, they are expected to have strengthened their technical vocabulary.
With regard to Legal Informatics: At the end of the course students are expected to have developed, within the Legal Informatics, their capacity to critically address themes and resolve legal issues through the elaboration of the acquired notions as well the ability to link different topics in order to elaborate useful proposals for the solution of concrete cases. Students are also expected to have acquired a reasoning method suitable for dealing with IT-legal topics that are more specific and complex than institutional notions. Moreover, they are expected to have strengthened their technical vocabulary.
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
The course will not take place in the academic year 2023/2024
Lesson period
First semester
Course syllabus
Course Syllabus
Sociology of Law
Part I. Introduction to the Subject, Theories, Authors and Thoughts on Empirical Research
1) An introduction to the lexicon on the subject:
This course will introduce students to some of the most used expressions in Sociology of Law, to provide them with an appropriate vocabulary to use during class discussions and the final exam.
2) An introduction to the Sociology of Law:
This course will provide students with introductory elements of knowledge about the main theoretical models that inform the subject and will mention different point of views with regard to its conceptual and scientific framework.
3) An analysis of a few authors that have contributed more relevantly to the subject:
This course will analyse authors' most relevant contributions to the subject, through an examination of the relationships between sociology of law and the other social sciences, for example anthropology (not only legal anthropology). It will show that the authors and theories that are usually framed within one or the other subject have historically influenced each other. The course will focus in particular on the theories of Joan Jacob Bachofen, Max Weber, Henry Sumner Maine, Émile Durkheim, Bronislaw Malinowsky, Paul Bohannan, Max Gluckman, Clifford Gertz and Lawrence Rosen.
4) Insights into Max Weber's writings:
This course will examine the scientific contributions that Max Weber has made to the subject, by focusing on the writings by and on Weber that are mentioned in the reading list.
5) Thoughts on empirical research:
This course will focus on the social research methods that are most frequently used and on the in class analysis of a few empirical researches.
Part II. A Few Themes Crucial for the Sociology of Law
a) Efficacy of law (an analysis of the concepts of efficacy and impact, with special reference to the theories by Vincenzo Ferrari and Lawrence M. Friedman);
b) Power (with special reference to the concepts of power, authority, and hegemony, the use of power, and the theories by Weber and Gramsci);
c) Conflict;
d) Legal culture (with special reference to the theories by Lawrence Friedman and Roger Cotterrell);
e) Legal pluralism (with special reference to the theories of the so-called classics (among whom Georges Gurvitch, Santi Romano, and Antonio Pigliaru), the horizontal (Sally Falk Moore) and vertical (Leopold Pospíŝil) conceptions of legal pluralism and the concepts of interlegality (Boaventura de Sousa Santos), strong and weak legal pluralism (John Griffiths), and global legal pluralism (eg. Anne Griffiths, William Twining and Gunther Teubner));
f) Fundamental rights;
Part III. Monographic Part: Illiberal Democracy in a Law and Politics Perspective
This part of the course will develop socio-legal considerations moving from the book "La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics" (by Lucia Bellucci) on how, within the democratic rules of game and following formally democratic forms, democracies that have been defined as "illiberal" can be born. Furthermore, moving from the studied book chapters, a reflection on the borders of democracy and cases where, despite the imperfections of democracy, we are still confronted with a democratic state, will be developed, thus showing that Sociology of Law can give a relevant contribution to this discussion.
Besides studying all the other mentioned readings, students (attending and non-attending) who have to take the Sociology of Law exam-9 credits (old system) will acquire a few theoretical foundations of the course even through the study of the pages related to Ferdinand Tönnies, Emile Durkheim, and Karl Marx, which are included in Renato Treves, Sociologia del diritto. Origine, ricerche e problemi, Einaudi, Torino (1987)1996, pp. 48-60 and pp. 69-76, that are mentioned in the reading list.
Course Syllabus with regard to Legal Informatics
The Course aims to introduce students to a jurist's approach to the proper use of technologies in order to significantly improve their computer-legal skills and to enable independent evaluative procedures useful in the future professional context.
The program will be divided into ten lectures of two hours each, during which the professor will outline issues pertaining to 1) the technological society, sensors and law, technological control and liquid surveillance; 2) the rights of information technology and the violation of rights; 3) the legal regulation of information technology; 4) the European Union, digital society and law; 5) cyber threats and cybersecurity; 6) the jurist of the future and legal informatics; 7) legal tech and legal design; 8) the regulation of artificial intelligence; 9) digital minors and family tech; and 10) technological crime.
Sociology of Law
Part I. Introduction to the Subject, Theories, Authors and Thoughts on Empirical Research
1) An introduction to the lexicon on the subject:
This course will introduce students to some of the most used expressions in Sociology of Law, to provide them with an appropriate vocabulary to use during class discussions and the final exam.
2) An introduction to the Sociology of Law:
This course will provide students with introductory elements of knowledge about the main theoretical models that inform the subject and will mention different point of views with regard to its conceptual and scientific framework.
3) An analysis of a few authors that have contributed more relevantly to the subject:
This course will analyse authors' most relevant contributions to the subject, through an examination of the relationships between sociology of law and the other social sciences, for example anthropology (not only legal anthropology). It will show that the authors and theories that are usually framed within one or the other subject have historically influenced each other. The course will focus in particular on the theories of Joan Jacob Bachofen, Max Weber, Henry Sumner Maine, Émile Durkheim, Bronislaw Malinowsky, Paul Bohannan, Max Gluckman, Clifford Gertz and Lawrence Rosen.
4) Insights into Max Weber's writings:
This course will examine the scientific contributions that Max Weber has made to the subject, by focusing on the writings by and on Weber that are mentioned in the reading list.
5) Thoughts on empirical research:
This course will focus on the social research methods that are most frequently used and on the in class analysis of a few empirical researches.
Part II. A Few Themes Crucial for the Sociology of Law
a) Efficacy of law (an analysis of the concepts of efficacy and impact, with special reference to the theories by Vincenzo Ferrari and Lawrence M. Friedman);
b) Power (with special reference to the concepts of power, authority, and hegemony, the use of power, and the theories by Weber and Gramsci);
c) Conflict;
d) Legal culture (with special reference to the theories by Lawrence Friedman and Roger Cotterrell);
e) Legal pluralism (with special reference to the theories of the so-called classics (among whom Georges Gurvitch, Santi Romano, and Antonio Pigliaru), the horizontal (Sally Falk Moore) and vertical (Leopold Pospíŝil) conceptions of legal pluralism and the concepts of interlegality (Boaventura de Sousa Santos), strong and weak legal pluralism (John Griffiths), and global legal pluralism (eg. Anne Griffiths, William Twining and Gunther Teubner));
f) Fundamental rights;
Part III. Monographic Part: Illiberal Democracy in a Law and Politics Perspective
This part of the course will develop socio-legal considerations moving from the book "La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics" (by Lucia Bellucci) on how, within the democratic rules of game and following formally democratic forms, democracies that have been defined as "illiberal" can be born. Furthermore, moving from the studied book chapters, a reflection on the borders of democracy and cases where, despite the imperfections of democracy, we are still confronted with a democratic state, will be developed, thus showing that Sociology of Law can give a relevant contribution to this discussion.
Besides studying all the other mentioned readings, students (attending and non-attending) who have to take the Sociology of Law exam-9 credits (old system) will acquire a few theoretical foundations of the course even through the study of the pages related to Ferdinand Tönnies, Emile Durkheim, and Karl Marx, which are included in Renato Treves, Sociologia del diritto. Origine, ricerche e problemi, Einaudi, Torino (1987)1996, pp. 48-60 and pp. 69-76, that are mentioned in the reading list.
Course Syllabus with regard to Legal Informatics
The Course aims to introduce students to a jurist's approach to the proper use of technologies in order to significantly improve their computer-legal skills and to enable independent evaluative procedures useful in the future professional context.
The program will be divided into ten lectures of two hours each, during which the professor will outline issues pertaining to 1) the technological society, sensors and law, technological control and liquid surveillance; 2) the rights of information technology and the violation of rights; 3) the legal regulation of information technology; 4) the European Union, digital society and law; 5) cyber threats and cybersecurity; 6) the jurist of the future and legal informatics; 7) legal tech and legal design; 8) the regulation of artificial intelligence; 9) digital minors and family tech; and 10) technological crime.
Prerequisites for admission
Prerequisites for Admission
Since the course is given in the first year, first semester, it does not require propedeutic courses/specific prerequisits.
Since the course is given in the first year, first semester, it does not require propedeutic courses/specific prerequisits.
Teaching methods
Teaching Methods
Both for Sociology of Law and Legal Informatics this course will take place in presence.
Sociology of Law
This course is shaped by frontal lessons and class participation/discussion. Based on the idea that class participation is an integral part of learning, students will be encouraged to develop their ability to learn through active class participation, particularly by interacting with the lecturer and listening to the views shared by other class members. Through class explanations the lecture aims to make more accessible and "easy" to understand concepts that would be more complex to comprehend if studied alone. Class attendance is therefore encouraged.
The course will be held in Italian.
Legal Informatics
Teaching information will be uploaded to the course's ARIEL website, which is recommended to be consulted regularly. This course consists of 20 hours of classroom lessons held by the professor.
Both for Sociology of Law and Legal Informatics this course will take place in presence.
Sociology of Law
This course is shaped by frontal lessons and class participation/discussion. Based on the idea that class participation is an integral part of learning, students will be encouraged to develop their ability to learn through active class participation, particularly by interacting with the lecturer and listening to the views shared by other class members. Through class explanations the lecture aims to make more accessible and "easy" to understand concepts that would be more complex to comprehend if studied alone. Class attendance is therefore encouraged.
The course will be held in Italian.
Legal Informatics
Teaching information will be uploaded to the course's ARIEL website, which is recommended to be consulted regularly. This course consists of 20 hours of classroom lessons held by the professor.
Teaching Resources
Bibliography/Reading List
Sociology of Law
● Vincenzo Ferrari, Lineamenti di sociologia del diritto. I. Azione giuridica e sistema normativo, Laterza, Roma-Bari 1999, pp. 6-27, 32-33 and pp. 260-269;
● Realino Marra, Introduzione. Max Weber giurista, in Realino Marra (ed.), Max Weber. Sulla storia delle società commerciali nel medioevo (in base a fonti dell'Europa meridionale), Atti dell'Accademia nazionale dei Lincei, Bardi edizioni, Roma 2016, pp. 129-143;
● Lucia Bellucci, La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics, Giuffrè, Milano 2018, pp. 1-82 + 157-167 (the introduction, first three chapters and conclusion);
● Plus all the sets of slides uploaded on the Ariel website of the course.
There will be no distinction between attending and non-attending students.
Students (attending and non-attending) who have to take the Sociology of Law exam-9 credits (old system) will instead also study a few pages related to Ferdinand Tönnies, Emile Durkheim, and Karl Marx, included in Renato Treves, Sociologia del diritto. Origine, ricerche e problemi, Einaudi, Torino (1987) 1996, pp. 48-60 (13 pp.) and pp. 69-76 (8 pp.) (total 21 pp.), as an integration for the difference in credits, in addition to the study materials of the Sociology of Law program provided for students taking the Sociology of Law and Legal Informatics exam.
The materials to be studied are all indicated on the Ariel website of the course and are available on this website with the exception of the pages (3 chapters+ introduction and conclusion) of Prof. Bellucci's book, La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics, Giuffrè, Milano 2018. Students will have to get these pages on their own.
Legal Informatics
G. Ziccardi, Diritti digitali - Informatica Giuridica per le nuove professioni, Raffello Cortina, 2022.
The text will be studied in full.
Sociology of Law
● Vincenzo Ferrari, Lineamenti di sociologia del diritto. I. Azione giuridica e sistema normativo, Laterza, Roma-Bari 1999, pp. 6-27, 32-33 and pp. 260-269;
● Realino Marra, Introduzione. Max Weber giurista, in Realino Marra (ed.), Max Weber. Sulla storia delle società commerciali nel medioevo (in base a fonti dell'Europa meridionale), Atti dell'Accademia nazionale dei Lincei, Bardi edizioni, Roma 2016, pp. 129-143;
● Lucia Bellucci, La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics, Giuffrè, Milano 2018, pp. 1-82 + 157-167 (the introduction, first three chapters and conclusion);
● Plus all the sets of slides uploaded on the Ariel website of the course.
There will be no distinction between attending and non-attending students.
Students (attending and non-attending) who have to take the Sociology of Law exam-9 credits (old system) will instead also study a few pages related to Ferdinand Tönnies, Emile Durkheim, and Karl Marx, included in Renato Treves, Sociologia del diritto. Origine, ricerche e problemi, Einaudi, Torino (1987) 1996, pp. 48-60 (13 pp.) and pp. 69-76 (8 pp.) (total 21 pp.), as an integration for the difference in credits, in addition to the study materials of the Sociology of Law program provided for students taking the Sociology of Law and Legal Informatics exam.
The materials to be studied are all indicated on the Ariel website of the course and are available on this website with the exception of the pages (3 chapters+ introduction and conclusion) of Prof. Bellucci's book, La sindrome ungherese in Europa. Media, diritto e democrazia in un'analisi di Law and Politics, Giuffrè, Milano 2018. Students will have to get these pages on their own.
Legal Informatics
G. Ziccardi, Diritti digitali - Informatica Giuridica per le nuove professioni, Raffello Cortina, 2022.
The text will be studied in full.
Assessment methods and Criteria
Assessment Methods and Criteria
Sociology of Law
The final exam will be oral. The assessment will focus on the accuracy of contents, clarity, command of language, as well as skills of analysis and synthesis. Grades are expressed on a 18-30 cum laude scale.
Students are kindly requested to check the Ariel website of the course as a reference point for any communication related to the exams
Legal Informatics (for Philosophy of Law and Sociology of Law, single course, 3 credits)
The final exam will be oral and will take place during the examination session. It will consist of at least three questions on three different parts of the program. A final examination based on a multiple-choice test will be provided for attending students. With regard to the examination of Legal Informatics for attending students, professor Giovanni Ziccardi will provide in class/during the lessons information on how it will be carried out. For any doubts or information about it, please contact him directly via e-mail ([email protected]).
Both with regard to Sociology of Law and Legal Informatics, there are no specific programs for Erasmus students/students taking part in other student mobility programs.
Sociology of Law
The final exam will be oral. The assessment will focus on the accuracy of contents, clarity, command of language, as well as skills of analysis and synthesis. Grades are expressed on a 18-30 cum laude scale.
Students are kindly requested to check the Ariel website of the course as a reference point for any communication related to the exams
Legal Informatics (for Philosophy of Law and Sociology of Law, single course, 3 credits)
The final exam will be oral and will take place during the examination session. It will consist of at least three questions on three different parts of the program. A final examination based on a multiple-choice test will be provided for attending students. With regard to the examination of Legal Informatics for attending students, professor Giovanni Ziccardi will provide in class/during the lessons information on how it will be carried out. For any doubts or information about it, please contact him directly via e-mail ([email protected]).
Both with regard to Sociology of Law and Legal Informatics, there are no specific programs for Erasmus students/students taking part in other student mobility programs.
Informatica giuridica
IUS/20 - PHILOSOPHY OF LAW - University credits: 3
Lessons: 21 hours
Sociologia del diritto
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours