General Theory of Law
A.Y. 2025/2026
Learning objectives
The aim of the course is to improve students' capability of comprehension, analysis and critical thinking upon the law in force, and to introduce students to both theoretical and practical skills and abilities, by means of investigating and learning some main legal concepts and their uses and functioning in the domain of law and legal reasoning. In particular, the course will deal with some fundamental concepts such as the concept of norm, legal principles, legal system, validity, sources of law, showing their mutual relations and their effects on some pervasive problems of legal interpretation.
Expected learning outcomes
- Knowledge and understanding of the problems relating to the definitions of the most important legal theoretical concepts, their mutual relations and practical effects
- Ability to apply the tools of conceptual legal analysis to new concepts and issues
- Critical judgment acquired through practical tests
- Development of a communication skill and excellent mastery of legal concepts, acquired through discussions
- Independent learning acquired by managing the main tools of conceptual analysis
- Ability to apply the tools of conceptual legal analysis to new concepts and issues
- Critical judgment acquired through practical tests
- Development of a communication skill and excellent mastery of legal concepts, acquired through discussions
- Independent learning acquired by managing the main tools of conceptual analysis
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
1. Hart: Legal Positivism and the Distinction Between Law and Morality
2. Hart: Legal Positivism and the Distinction Between Law and Morality
3. Hart: Rule Skepticism and Formalism
4. Hart: Rule Skepticism and Formalism
5. Dworkin: A New Perspective on Legal Theory
6. Dworkin: Criticisms of Hart and the Rule Model
7. Dworkin: Criticisms of Hart and the Rule Model
8. Dworkin: Criticisms of Hart and the Rule Model
9. Dworkin: Criticisms of Hart and the Rule Model
10. Dworkin: Hard Cases
11. Dworkin: Hard Cases
12. Dworkin: Constitutional Cases
13. Dworkin: Constitutional Cases
14. Hart: Replies to Dworkin
15. Hart: Replies to Dworkin
16. Hart: Replies to Dworkin
17. Hart: Replies to Dworkin
18. Hart: Replies to Dworkin
19. Mackie: The Third Theory of Law
20. Mackie: The Third Theory of Law
21. Mackie: The Third Theory of Law
2. Hart: Legal Positivism and the Distinction Between Law and Morality
3. Hart: Rule Skepticism and Formalism
4. Hart: Rule Skepticism and Formalism
5. Dworkin: A New Perspective on Legal Theory
6. Dworkin: Criticisms of Hart and the Rule Model
7. Dworkin: Criticisms of Hart and the Rule Model
8. Dworkin: Criticisms of Hart and the Rule Model
9. Dworkin: Criticisms of Hart and the Rule Model
10. Dworkin: Hard Cases
11. Dworkin: Hard Cases
12. Dworkin: Constitutional Cases
13. Dworkin: Constitutional Cases
14. Hart: Replies to Dworkin
15. Hart: Replies to Dworkin
16. Hart: Replies to Dworkin
17. Hart: Replies to Dworkin
18. Hart: Replies to Dworkin
19. Mackie: The Third Theory of Law
20. Mackie: The Third Theory of Law
21. Mackie: The Third Theory of Law
Prerequisites for admission
There are no specific prerequisites.
Teaching methods
Frontal lessons (42 hours) and active involvement of the students, who will be encouraged during the lesson and at its end to discuss the topics presented and ask questions.
Teaching Resources
H.L.A. Hart, Positivism and the Separation of Law and Morals, in Hart, Essays in Jurisprudence and Philosophy, Clarendon Press, Oxford 1983
Ronald Dworkin, Taking Rights Seriously, Duckworth, London 1996 (chapters 1, 2, 3, 4 and 5)
H.L.A. Hart, American Jurisprudence through English Eyes: The Nightmare and the Noble Dream, in Hart, Essays in Jurisprudence and Philosophy, Clarendon Press, Oxford 1983
H.L.A. Hart, The Concept of Law, Clarendon Press, Oxford (chapter 7 and postscript)
John Mackie, The Third Theory of Law, in Marshall Cohen (ed. by), Ronald Dworkin and Contemporary Jurisprudence, Duckworth, London 2001
Ronald Dworkin, Taking Rights Seriously, Duckworth, London 1996 (chapters 1, 2, 3, 4 and 5)
H.L.A. Hart, American Jurisprudence through English Eyes: The Nightmare and the Noble Dream, in Hart, Essays in Jurisprudence and Philosophy, Clarendon Press, Oxford 1983
H.L.A. Hart, The Concept of Law, Clarendon Press, Oxford (chapter 7 and postscript)
John Mackie, The Third Theory of Law, in Marshall Cohen (ed. by), Ronald Dworkin and Contemporary Jurisprudence, Duckworth, London 2001
Assessment methods and Criteria
Oral exam.
Evaluation criteria: exposition quality; ability to organize knowledge; ability to manage the concepts and methods of conceptual analysis and to apply them to new legal problems.
Evaluation criteria: exposition quality; ability to organize knowledge; ability to manage the concepts and methods of conceptual analysis and to apply them to new legal problems.
Surname M-Z
Responsible
Lesson period
Second semester
Course syllabus
Objects and methods of general jurisprudence; legal interpretation and its problems; the concepts of provision and norm; the concepts of law; theories of legal norm; the concepts of validity; the concepts of effectiveness and applicability; legal system; coherence and congruence; the problem of legal gaps; the difference between law and morality; the concepts of right; dynamic and static theories of rights; rights and principles; legal rules vs. legal principles.
Prerequisites for admission
There are no specific prerequisites
Teaching methods
Frontal lessons (42 hours) with the use of PowerPoint presentations and active involvement of the students, who will be encouraged during the lesson and at its end to discuss the topics presented and ask questions.
Teaching Resources
For non-attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013;
(2) G. Pino, Diritti e interpretazione, Bologna, Il Mulino, 2010, save for Ch. 2 and 3;
For attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013;
(2) Slides uploaded on the ariel website of the course.
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013;
(2) G. Pino, Diritti e interpretazione, Bologna, Il Mulino, 2010, save for Ch. 2 and 3;
For attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013;
(2) Slides uploaded on the ariel website of the course.
Assessment methods and Criteria
Oral exam.
Evaluation criteria: exposition quality; ability to organize knowledge; ability to manage the concepts and methods of conceptual analysis and to apply them to new legal problems.
Evaluation criteria: exposition quality; ability to organize knowledge; ability to manage the concepts and methods of conceptual analysis and to apply them to new legal problems.
Professor(s)