Law and Social Change
A.Y. 2025/2026
Learning objectives
The course aims to provide students with a theoretical and critical understanding of the key legal concepts and dynamics that link law to social change. It explores theories of law, conceptions of justice and theories of crime and punishment, integrating philosophical and sociological analysis.
The learning objectives of the course are as follows:
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.
- To analyse the position of the main theories of law on the issues of validity, authority and effectiveness of legal norms.
- To examine the evolution of the relationship between law and the state, from law without the state to law above the state, and the different models of the rule of law.
Unit 2: Elements of the Theory and History of Justice
- To examine how the main Western doctrines of justice have developed, from natural law to contractualism, utilitarianism and liberalism.
- To critically analyse the relationship between justice and equality in their legal, political, economic, and social dimensions.
- To assess the interdependencies between social and global justice, reflecting on how the concept of justice has evolved in response to contemporary challenges.
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.
- To examine the different theoretical models of criminal justice, encouraging critical reflection on the concept of punishment and the functions of punishment.
- To reconstruct the historical development of the prison as a social institution, analysing its current dynamics and the main proposals for reform and abolition.
The learning objectives of the course are as follows:
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.
- To analyse the position of the main theories of law on the issues of validity, authority and effectiveness of legal norms.
- To examine the evolution of the relationship between law and the state, from law without the state to law above the state, and the different models of the rule of law.
Unit 2: Elements of the Theory and History of Justice
- To examine how the main Western doctrines of justice have developed, from natural law to contractualism, utilitarianism and liberalism.
- To critically analyse the relationship between justice and equality in their legal, political, economic, and social dimensions.
- To assess the interdependencies between social and global justice, reflecting on how the concept of justice has evolved in response to contemporary challenges.
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.
- To examine the different theoretical models of criminal justice, encouraging critical reflection on the concept of punishment and the functions of punishment.
- To 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: Elements of the Theory and History of Justice
- Knowledge of the main Western doctrines of justice and their evolution from natural law to contemporary thought.
- Ability to critically analyse different conceptions of distributive justice in relation to structural injustices.
- Ability to critically analyse claims for justice emerging from civil society in the era of identity politics.
- Ability to understand the interdependencies between social and global justice in the face of contemporary challenges.
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: Elements of the Theory and History of Justice
- Knowledge of the main Western doctrines of justice and their evolution from natural law to contemporary thought.
- Ability to critically analyse different conceptions of distributive justice in relation to structural injustices.
- Ability to critically analyse claims for justice emerging from civil society in the era of identity politics.
- Ability to understand the interdependencies between social and global justice in the face of contemporary challenges.
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
The lectures are divided into three teaching units, each comprising 10 lectures and 20 hours of teaching.
Unit 1: Elements of General Legal Theory
This unit introduces students to the theoretical analysis of fundamental legal concepts and general debates on the essence, validity, authority and effectiveness of law.
The topics that will be covered are as follows:
- The legal sciences and theories of law
- The declinations of the word 'law'
- The differentiation of law from morality
- From law without the state to law beyond the state
- The concept of the rule of law and its evolution
- Legal norms and their sources
- The validity of legal norms
- Subjective legal positions
- Obedience to law and its authority
- The effectiveness of law and the role of sanctions
Unit 2: The Theory and History of Justice
The concept of justice has always been associated with law. This teaching unit will trace the development of this concept in the West, focusing on analysing certain justice doctrines and relating them to changes in law.
The topics that will be covered are as follows:
- The doctrines of natural law
- Contractualism: justice and consent
- Utilitarianism and liberalism
- Justice and democracy
- Justice and criminal law
- Meritocracy and equality of opportunity
- Distributive justice
- Structural injustices
- Justice in times of identity politics
- From social justice to global justice
Unit 3: Theories of Deviance and Punishment
This unit introduces students to theories of deviance and punishment, with a particular focus on prisons and their evolution. Beginning with an analysis of deviance definitions in classical and critical sociology, it will then move on to analyse punishment and its functions. Particular focus will be given to the prison institution, with analysis of its organisation, concrete aspects, and manifest and latent functions. Finally, we will examine some theoretical proposals for prison reform or abolition.
The topics that will be covered are as follows:
- What is deviance? Classical theories
- What is deviance? Critical theories
- Punishment and its functions (two lessons)
- Prison as an institution: theories
- Prison as an institution: historical evolution
- The prison population and the 'revolving door'
- Prison today: prison dynamics between discipline and social reintegration
- Reformist theories on prisons: re-educating prisons and minimum criminal law
- Abolitionist theories: can we do away with the need for prisons?
Unit 1: Elements of General Legal Theory
This unit introduces students to the theoretical analysis of fundamental legal concepts and general debates on the essence, validity, authority and effectiveness of law.
The topics that will be covered are as follows:
- The legal sciences and theories of law
- The declinations of the word 'law'
- The differentiation of law from morality
- From law without the state to law beyond the state
- The concept of the rule of law and its evolution
- Legal norms and their sources
- The validity of legal norms
- Subjective legal positions
- Obedience to law and its authority
- The effectiveness of law and the role of sanctions
Unit 2: The Theory and History of Justice
The concept of justice has always been associated with law. This teaching unit will trace the development of this concept in the West, focusing on analysing certain justice doctrines and relating them to changes in law.
The topics that will be covered are as follows:
- The doctrines of natural law
- Contractualism: justice and consent
- Utilitarianism and liberalism
- Justice and democracy
- Justice and criminal law
- Meritocracy and equality of opportunity
- Distributive justice
- Structural injustices
- Justice in times of identity politics
- From social justice to global justice
Unit 3: Theories of Deviance and Punishment
This unit introduces students to theories of deviance and punishment, with a particular focus on prisons and their evolution. Beginning with an analysis of deviance definitions in classical and critical sociology, it will then move on to analyse punishment and its functions. Particular focus will be given to the prison institution, with analysis of its organisation, concrete aspects, and manifest and latent functions. Finally, we will examine some theoretical proposals for prison reform or abolition.
The topics that will be covered are as follows:
- What is deviance? Classical theories
- What is deviance? Critical theories
- Punishment and its functions (two lessons)
- Prison as an institution: theories
- Prison as an institution: historical evolution
- The prison population and the 'revolving door'
- Prison today: prison dynamics between discipline and social reintegration
- Reformist theories on prisons: re-educating prisons and minimum criminal law
- Abolitionist theories: can we do away with the need for prisons?
Prerequisites for admission
Italian will be the standard language for lectures, and students will be required to read texts in this language. Therefore, a good knowledge of Italian is essential.
Teaching methods
Although class attendance is not compulsory, it is highly recommended. Based on previous years' experience, students who attend are more likely to pass the exam on their first attempt and achieve a higher grade.
Teaching for attending students will consist of lectures and recommended reading on the topics covered in the lectures.
Slides and summaries of the lectures will be available on the course's MyAriel website.
Students who do not attend should prepare for the exams by studying the texts indicated in the bibliography section of the syllabus.
Teaching for attending students will consist of lectures and recommended reading on the topics covered in the lectures.
Slides and summaries of the lectures will be available on the course's MyAriel website.
Students who do not attend should prepare for the exams by studying the texts indicated in the bibliography section of the syllabus.
Teaching Resources
Unit 1: Elements of General Legal Theory
Students attending the lectures should prepare for the examination by studying their notes and the summaries provided by the lecturer via the MyAriel platform.
Non-attending students should study the following text instead:
- Barberis, M., Diritto in evoluzione. Un manuale?, Giappichelli, Turin, 2022.
Unit 2: The Theory and History of Justice
Students attending the course should prepare for the examination by studying the following texts, limited to the parts indicated by the lecturer during the lectures, in addition to the notes taken during the lectures and the summaries made available by the lecturer via the MyAriel platform:
- Mill, J.S., La libertà - L'utilitarismo - L'asservimento delle donne, Rizzoli, Milan, 1999.
- Riva, N. (ed.), Eguaglianza, Laterza, Roma-Bari, 2017.
Non-attending students must read the two texts indicated for attending students in their entirety.
Unit 3: Theories of Deviance and Punishment
Students attending the course should prepare for the examination by studying the following text, as well as the notes taken during the lectures:
- Verdolini, V., L'istituzione reietta. Spazi e dinamiche del carcere in Italia, Carocci, Rome, 2022.
In addition to the above text, non-attending students should study the following text, limited to the indicated chapters:
- Baratta, A., Criminologia critica e critica del diritto penale. Introduzione alla sociologia giuridico-penale, Meltemi, Milan, 2019: chapters 1 (pp. 43-49), 2 (pp. 59-69), and 6-7 (pp. 105-136).
Students attending the lectures should prepare for the examination by studying their notes and the summaries provided by the lecturer via the MyAriel platform.
Non-attending students should study the following text instead:
- Barberis, M., Diritto in evoluzione. Un manuale?, Giappichelli, Turin, 2022.
Unit 2: The Theory and History of Justice
Students attending the course should prepare for the examination by studying the following texts, limited to the parts indicated by the lecturer during the lectures, in addition to the notes taken during the lectures and the summaries made available by the lecturer via the MyAriel platform:
- Mill, J.S., La libertà - L'utilitarismo - L'asservimento delle donne, Rizzoli, Milan, 1999.
- Riva, N. (ed.), Eguaglianza, Laterza, Roma-Bari, 2017.
Non-attending students must read the two texts indicated for attending students in their entirety.
Unit 3: Theories of Deviance and Punishment
Students attending the course should prepare for the examination by studying the following text, as well as the notes taken during the lectures:
- Verdolini, V., L'istituzione reietta. Spazi e dinamiche del carcere in Italia, Carocci, Rome, 2022.
In addition to the above text, non-attending students should study the following text, limited to the indicated chapters:
- Baratta, A., Criminologia critica e critica del diritto penale. Introduzione alla sociologia giuridico-penale, Meltemi, Milan, 2019: chapters 1 (pp. 43-49), 2 (pp. 59-69), and 6-7 (pp. 105-136).
Assessment methods and Criteria
Different learning assessment methods and evaluation criteria will apply to attending and non-attending students.
To obtain attending status, students must attend at least 3/5 of the lectures (18 out of 30).
Attending students will be assessed based on their attendance, as well as the results of a compulsory written exam and an optional oral exam. These exams will cover the content of the lectures and the texts indicated in the bibliography section of the syllabus.
Non-attending students will be assessed based on compulsory written and oral exams only. These will only cover the texts indicated in the bibliography section of the syllabus.
Further information on assessment methods and criteria will be published on the MyAriel course site before the start of the lessons.
To obtain attending status, students must attend at least 3/5 of the lectures (18 out of 30).
Attending students will be assessed based on their attendance, as well as the results of a compulsory written exam and an optional oral exam. These exams will cover the content of the lectures and the texts indicated in the bibliography section of the syllabus.
Non-attending students will be assessed based on compulsory written and oral exams only. These will only cover the texts indicated in the bibliography section of the syllabus.
Further information on assessment methods and criteria will be published on the MyAriel course site before the start of the lessons.
IUS/20 - PHILOSOPHY OF LAW - University credits: 9
Lessons: 60 hours
Professors:
Riva Nicola, Verdolini Valeria
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.