Law and Social Change
A.Y. 2024/2025
Learning objectives
The course aims to provide students with a theoretical and critical understanding of key legal concepts and the dynamics linking law and social change. The course explores theories of law, fundamental rights and theories of crime and punishment, integrating philosophical and sociological analysis.
Specifically, the learning objectives of the course are
Unit 1: Elements of General Legal Theory
- To analyse the main theories of the nature of law, the relationship between law and morality, and the role of legal institutions in the creation of law.
- Analyse the position of the main theories of law on the issues of validity, authority and effectiveness of legal norms.
- Examine the evolution of the relationship between law and the state, from law without the state to law above the state, and the different theoretical models of the rule of law.
Unit 2: Theory and History of Fundamental Rights
- Analyse the idea of fundamental rights as a constraint on state action and a source of political legitimacy, examining their historical genesis and transformations.
- To examine the evolution of fundamental rights in relation to social change, with particular attention to their extension and multiplication.
- To encourage reflection on the philosophical assumptions of fundamental rights and the institutional implications of the obligation to guarantee them.
Unit 3: Theories of Crime and Punishment
- To examine the main sociological theories of crime and punishment, exploring the relationships between criminal law, deviance and social control.
- Examine the different theoretical models of criminal justice, encouraging critical reflection on the concept of punishment and the functions of punishment.
- Reconstruct the historical development of the prison as a social institution, analysing its current dynamics and the main proposals for reform and abolition.
Specifically, the learning objectives of the course are
Unit 1: Elements of General Legal Theory
- To analyse the main theories of the nature of law, the relationship between law and morality, and the role of legal institutions in the creation of law.
- Analyse the position of the main theories of law on the issues of validity, authority and effectiveness of legal norms.
- Examine the evolution of the relationship between law and the state, from law without the state to law above the state, and the different theoretical models of the rule of law.
Unit 2: Theory and History of Fundamental Rights
- Analyse the idea of fundamental rights as a constraint on state action and a source of political legitimacy, examining their historical genesis and transformations.
- To examine the evolution of fundamental rights in relation to social change, with particular attention to their extension and multiplication.
- To encourage reflection on the philosophical assumptions of fundamental rights and the institutional implications of the obligation to guarantee them.
Unit 3: Theories of Crime and Punishment
- To examine the main sociological theories of crime and punishment, exploring the relationships between criminal law, deviance and social control.
- Examine the different theoretical models of criminal justice, encouraging critical reflection on the concept of punishment and the functions of punishment.
- Reconstruct the historical development of the prison as a social institution, analysing its current dynamics and the main proposals for reform and abolition.
Expected learning outcomes
By the end of the course, students are expected to have acquired the following knowledge and skills:
Unit 1: Elements of General Legal Theory
- Knowledge of the main theories of law and the rule of law, with an emphasis on the role of legal institutions in the creation of law
- Knowledge of the theoretical-legal debate on the relationship between law and morality and on the concepts of validity, authority and effectiveness of legal norms.
- Ability to analyse legal theories and identify their theoretical and practical implications.
- Ability to apply the concepts of legal theory to the description and analysis of different legal systems.
Unit 2: Theory and History of Fundamental Rights
- Knowledge of fundamental rights as limits to the action of states and as a source of political legitimacy, with an emphasis on their genesis and transformation.
- Knowledge of the evolution of fundamental rights in relation to social change and the dynamics characteristic of contemporary society.
- Ability to critically analyse the evolution of fundamental rights and reflect on the political and social implications of their transformations.
- Ability to apply the principles of fundamental rights to concrete cases, assessing the philosophical and institutional implications of their guarantee.
Unit 3: Theories of Crime and Punishment
- Knowledge of sociological theories of crime and punishment, with special reference to theoretical models of criminal justice and the functions of punishment.
- Knowledge of the historical and social development of the prison as an institution, with an emphasis on current dynamics and proposals for reform and abolition.
- Ability to discuss penal policy issues in the light of critical theories of deviance, social control and the functions of the criminal law.
- Ability to evaluate proposals for reform of the penal system and to reflect on alternatives to prison, taking into account legal, political and social aspects.
Unit 1: Elements of General Legal Theory
- Knowledge of the main theories of law and the rule of law, with an emphasis on the role of legal institutions in the creation of law
- Knowledge of the theoretical-legal debate on the relationship between law and morality and on the concepts of validity, authority and effectiveness of legal norms.
- Ability to analyse legal theories and identify their theoretical and practical implications.
- Ability to apply the concepts of legal theory to the description and analysis of different legal systems.
Unit 2: Theory and History of Fundamental Rights
- Knowledge of fundamental rights as limits to the action of states and as a source of political legitimacy, with an emphasis on their genesis and transformation.
- Knowledge of the evolution of fundamental rights in relation to social change and the dynamics characteristic of contemporary society.
- Ability to critically analyse the evolution of fundamental rights and reflect on the political and social implications of their transformations.
- Ability to apply the principles of fundamental rights to concrete cases, assessing the philosophical and institutional implications of their guarantee.
Unit 3: Theories of Crime and Punishment
- Knowledge of sociological theories of crime and punishment, with special reference to theoretical models of criminal justice and the functions of punishment.
- Knowledge of the historical and social development of the prison as an institution, with an emphasis on current dynamics and proposals for reform and abolition.
- Ability to discuss penal policy issues in the light of critical theories of deviance, social control and the functions of the criminal law.
- Ability to evaluate proposals for reform of the penal system and to reflect on alternatives to prison, taking into account legal, political and social aspects.
Lesson period: Third 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
Third trimester
Course syllabus
Students taking the exam in English as non-attending students will be required to read philosophical texts on the following topics:
- Elementary concepts of legal theory
- Fundamental rights
- Deviance, crime and punishment
- Elementary concepts of legal theory
- Fundamental rights
- Deviance, crime and punishment
Prerequisites for admission
The course requires basic knowledge of constitutional law.
Lectures will be given in Italian and attending students will be required to read texts and participate in class discussions in that language.
Students who don't have the necessary knowledge of Italian to participate in these activities can take the exam in English as non-attending students. A bibliography in English will be provided on request.
Lectures will be given in Italian and attending students will be required to read texts and participate in class discussions in that language.
Students who don't have the necessary knowledge of Italian to participate in these activities can take the exam in English as non-attending students. A bibliography in English will be provided on request.
Teaching methods
The teaching activities will include lectures and class discussions. The standard language for both activities will be Italian. Students who don't have the necessary knowledge of Italian to participate effectively in the course can take the exam in English as non-attending students.
For the final exam, non-attending students should prepare the texts listed in a bibliography that will be provided on request.
For the final exam, non-attending students should prepare the texts listed in a bibliography that will be provided on request.
Teaching Resources
Students who don't have the necessary knowledge of Italian to participate effectively in the course, but who are interested in the topics of the course, can take the exam in English as non-attending students.
A bibliography in English is available on request. To receive it, please contact the teachers by e-mail.
A bibliography in English is available on request. To receive it, please contact the teachers by e-mail.
Assessment methods and Criteria
Students who don't have the necessary knowledge of Italian to participate effectively in the course can take the exam in English as non-attending students.
The final exam for non-attending students consists of a written and an oral test, both of which are compulsory. For further information on the assessment methods and criteria, please consult the document uploaded on the Ariel course website.
As Italian is the standard language of the course, students who wish to take the exam in English should inform the teacher by e-mail at least one week before the exam date.
The final exam for non-attending students consists of a written and an oral test, both of which are compulsory. For further information on the assessment methods and criteria, please consult the document uploaded on the Ariel course website.
As Italian is the standard language of the course, students who wish to take the exam in English should inform the teacher by e-mail at least one week before the exam date.
IUS/20 - PHILOSOPHY OF LAW - University credits: 9
Lessons: 60 hours
Professors:
Riva Nicola, Verdolini Valeria
Educational website(s)
Professor(s)
Reception:
The professor meets with students weekly, on campus or online. To make an appointment, please contact the professor by email.
On-campus meetings will be held in the professor's office on the second floor of the building overlooking via Passione (room 206). Online meetings will be held through Microsoft Teams.