Law and Social Change

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.

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.