Sociology of Law
A.Y. 2025/2026
Learning objectives
This course is aimed at providing students with the conceptual and methodological tools of sociology of law, that is, the science that investigates legal phenomena with the methods of empirical sciences; the ultimate goal being the acquisition of adequate skills to the analysis of legal phenomena from a non-dogmatic perspective.
Within this framework, much time will be dedicated to the analysis of some fundamental concepts, such as the concepts of social action and social interaction, as well as the concepts of norm, law, right (including fundamental rights), social and legal change.
Within this framework, much time will be dedicated to the analysis of some fundamental concepts, such as the concepts of social action and social interaction, as well as the concepts of norm, law, right (including fundamental rights), social and legal change.
Expected learning outcomes
- the knowledge of the fundamental concepts and the research methods of sociology of law;
- the ability to apply the skills acquired during this course to the analysis of legal phenomena;
- the ability to critically and autonomously interpret legal phenomena in a legal-sociological way (rather than in legal-dogmatic way);
- the ability to use the acquired knowledge with argumentative consistency and an adequate command of the legal-sociological technical terminology;
- the ability to undertake—in the most possible autonomous way—in-depth studies concerning law as social phenomenon by making use of a method that should combine theoretical reflection and critical observation.
- the ability to apply the skills acquired during this course to the analysis of legal phenomena;
- the ability to critically and autonomously interpret legal phenomena in a legal-sociological way (rather than in legal-dogmatic way);
- the ability to use the acquired knowledge with argumentative consistency and an adequate command of the legal-sociological technical terminology;
- the ability to undertake—in the most possible autonomous way—in-depth studies concerning law as social phenomenon by making use of a method that should combine theoretical reflection and critical observation.
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
Sociology of law is that branch of sociology that studies legal phenomena critically and from a non-dogmatic perspective, paying particular attention to the distance between law in books and law in action. The course aims to offer students the conceptual and methodological tools of the discipline and an in-depth study of some areas of socio-legal research. The first part of the course is dedicated to framing the sociology of law within the social sciences and analyzing its fundamental concepts. The second part explores two relevant areas in the panorama of socio-legal research: globalization and its effects on the world of law and the relationship between law, rights and cultural diversity with particular reference to the European context.
Syllabus:
Sociology and sociology of law
The concept of legal system
Social norms and legal norms
Law between monism and pluralism
Functions of law
Legal action and its effects
The institutions between law and society: rights, the family, prison
Deviance and crime from a sociological perspective
Law and opinions
Social change and legal change
Globalization and its effects on law
Law and cultural diversity
Syllabus:
Sociology and sociology of law
The concept of legal system
Social norms and legal norms
Law between monism and pluralism
Functions of law
Legal action and its effects
The institutions between law and society: rights, the family, prison
Deviance and crime from a sociological perspective
Law and opinions
Social change and legal change
Globalization and its effects on law
Law and cultural diversity
Prerequisites for admission
No prior knowledge is required.
Preparatory Courses: Private Law, Constitutional Law.
Preparatory Courses: Private Law, Constitutional Law.
Teaching methods
Frontal lessons with active involvement of students, seminars.
Teaching Resources
Non-attending students:
- V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive)
- F. Ost, Dalla piramide alla rete: un nuovo paradigma per la scienze giuridica?" (available on the Ariel platform)
- M.R. Ferrarese, "La globalizzazione del diritto: dalla 'teologia politica' al diritto 'utile'" (available on the Ariel platform)
- M.R. Ferrarese, "Il linguaggio transnazionale dei diritti" (available on the Ariel platform)
- L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018 (o ed. successive)
Attending Students:
-V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (or later ed.). Chapters 1, 2, 3, 6, 7. Chapter. 4 only the paragraphs 1-3-5
- F. Ost, Dalla piramide alla rete: un nuovo paradigma per la scienze giuridica?" (available on the Ariel platform)
- M.R. Ferrarese, "La globalizzazione del diritto: dalla 'teologia politica' al diritto 'utile'" (available on the Ariel platform)
- M.R. Ferrarese, "Il linguaggio transnazionale dei diritti" (available on the Ariel platform)
L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018 (or later ed.)
- Slides and materials indicated during the course
Erasmus Students: If required specific material may be provided.
- V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive)
- F. Ost, Dalla piramide alla rete: un nuovo paradigma per la scienze giuridica?" (available on the Ariel platform)
- M.R. Ferrarese, "La globalizzazione del diritto: dalla 'teologia politica' al diritto 'utile'" (available on the Ariel platform)
- M.R. Ferrarese, "Il linguaggio transnazionale dei diritti" (available on the Ariel platform)
- L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018 (o ed. successive)
Attending Students:
-V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (or later ed.). Chapters 1, 2, 3, 6, 7. Chapter. 4 only the paragraphs 1-3-5
- F. Ost, Dalla piramide alla rete: un nuovo paradigma per la scienze giuridica?" (available on the Ariel platform)
- M.R. Ferrarese, "La globalizzazione del diritto: dalla 'teologia politica' al diritto 'utile'" (available on the Ariel platform)
- M.R. Ferrarese, "Il linguaggio transnazionale dei diritti" (available on the Ariel platform)
L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018 (or later ed.)
- Slides and materials indicated during the course
Erasmus Students: If required specific material may be provided.
Assessment methods and Criteria
Oral exam (maximum score: 30\30 cum laude). The final assessment takes into account active participation during the course. The evaluation criteria will consider the knowledge of the fundamental issues of the sociology of law, the skills of critical analysis and the clarity of exposition.
Surname M-Z
Responsible
Lesson period
Second semester
Course syllabus
The sociology of law is the general empirical science of law. Given the great variety of existing approaches, the focus here is on the approach developed by — and stemming from — Leon Petrażycki, due to its openness to interdisciplinarity. We will begin with emotions, above all the sense of entitlement, gradually bringing to light how the social conflicts it generates lead to the emergence of various phenomena, including jurisdiction, sources of law, formalization, the State, and economies. Attention will also be given to phenomena such as property rights, possession, and authority (for example, that of a master over a slave), adopting a perspective not limited to European or Europeanized cultures, but encompassing every animal, human, and non-human culture. The phenomenon of the emergence of legal dogmatics will likewise not be neglected.
Prerequisites for admission
Having passed Diritto Privato and Diritto Costituzionale
Teaching methods
Direct interaction with the students
Teaching Resources
The syllabus is identical for ALL students (inclusive feminine intended), with no distinction made between attending-participating, attending-nonparticipating, and non-attending students, and must be studied in the following order:
1. Edoardo Fittipaldi, Norma. Una concettualizzazione per la sociologia del diritto e le altre scienze sociali. Milan: LED, 2012. 111 pages.
2. Lorenzo Passerini Glazel, La realtà della norma, le norme come realtà. Milan: LED, 2022. 100 pages.
3 Edoardo Fittipaldi, Psicologia giuridica e realismo: Leon Petrażycki. First ed. Milan: LED, 2012. 129 pages. As soon as it becomes available, the second edition (in preparation: LED, 2026, approx. 190 pages) must be studied instead, including the text by Jerzy Lande added as an appendix and any further appendices. Notice of this publication will be posted on Ariel. To expedite matters, it is possible that the new parts of the second edition—even in draft form—will be uploaded on Ariel, in any case by 11:59 p.m. 7 January 2026. 4. In that event, students will have the right to choose whether to study the first edition TOGETHER WITH THE SECTIONS PUBLISHED ON ARIEL, or the second edition once it is released; HOWEVER, UNDER NO CIRCUMSTANCES will the first edition ALONE suffice, which will only be studied if by January 7, 2026 neither the second edition nor the new sections have been published on Ariel.
4. Giada Najat, La dogmatica linguistica araba in prospettiva dogmatico- e sociologico-giuridica. Uno studio di epistemologia contrastiva, which will be made available on Ariel, approx. 100 pages. This volume will be replaced by another work by the same author, should it be published by 11:59 p.m. on January 7, 2026, which will likely be about 140 pages; its title may change.
5. Morris L. Ghezzi, Il diritto come estetica. Milan: Mimesis, 2016: pp. 23-111, totaling 88 pages.
6. Edoardo Fittipaldi, Convergenze: sviluppare l'eredità intellettuale di Morris L. Ghezzi, unpublished, available on Ariel, 4 pages.
7. Simonetta Balboni Ghezzi, Due pensatori a confronto: Leon Petrażycki e Morris L. Ghezzi, unpublished, available on Ariel, 8 pages.
1. Edoardo Fittipaldi, Norma. Una concettualizzazione per la sociologia del diritto e le altre scienze sociali. Milan: LED, 2012. 111 pages.
2. Lorenzo Passerini Glazel, La realtà della norma, le norme come realtà. Milan: LED, 2022. 100 pages.
3 Edoardo Fittipaldi, Psicologia giuridica e realismo: Leon Petrażycki. First ed. Milan: LED, 2012. 129 pages. As soon as it becomes available, the second edition (in preparation: LED, 2026, approx. 190 pages) must be studied instead, including the text by Jerzy Lande added as an appendix and any further appendices. Notice of this publication will be posted on Ariel. To expedite matters, it is possible that the new parts of the second edition—even in draft form—will be uploaded on Ariel, in any case by 11:59 p.m. 7 January 2026. 4. In that event, students will have the right to choose whether to study the first edition TOGETHER WITH THE SECTIONS PUBLISHED ON ARIEL, or the second edition once it is released; HOWEVER, UNDER NO CIRCUMSTANCES will the first edition ALONE suffice, which will only be studied if by January 7, 2026 neither the second edition nor the new sections have been published on Ariel.
4. Giada Najat, La dogmatica linguistica araba in prospettiva dogmatico- e sociologico-giuridica. Uno studio di epistemologia contrastiva, which will be made available on Ariel, approx. 100 pages. This volume will be replaced by another work by the same author, should it be published by 11:59 p.m. on January 7, 2026, which will likely be about 140 pages; its title may change.
5. Morris L. Ghezzi, Il diritto come estetica. Milan: Mimesis, 2016: pp. 23-111, totaling 88 pages.
6. Edoardo Fittipaldi, Convergenze: sviluppare l'eredità intellettuale di Morris L. Ghezzi, unpublished, available on Ariel, 4 pages.
7. Simonetta Balboni Ghezzi, Due pensatori a confronto: Leon Petrażycki e Morris L. Ghezzi, unpublished, available on Ariel, 8 pages.
Assessment methods and Criteria
STUDENTS WITH OR WITHOUT SPECIFIC LEARNING DISORDERS (SLD)
For the purpose of the final grade, BOTH non-attending students AND attending-participating as well as attending-nonparticipating students (see below) are entitled to make use of concept maps and to take the oral exam with complete freedom to consult the textbooks; without any prior authorization required from the instructor. In the event that students with SLD wish to receive further information, the instructor is fully available. In no case, however, is any type of pre-authorization required.
NON-ATTENDING STUDENTS
Final oral exam (100%).
ATTENDING-PARTICIPATING STUDENTS
Class participation is based on PRIOR STUDY OF THE MATERIALS ASSIGNED FOR EACH LESSON, starting from the SECOND LESSON. For each lesson, beginning with the SECOND LESSON, each student must prepare one or two questions related to the assigned materials, in accordance with the following rules. Each attending-participating student must send to the instructor, no later than 15 minutes before each lesson (starting from the SECOND LESSON, as reiterated), via email to [email protected], under penalty of nullity, a question of at least 300 words and no more than 1,000 words, under penalty of nullity, that unequivocally shows that the attending-participating student has made every effort to independently reach an answer to the question she poses concerning the assigned materials.
What will be evaluated for the purpose of the course grade is not the correctness of the hypothesized answer to the question (there does not necessarily need to be one—it is sufficient that the written piece clearly reveals a serious effort to reach it), but rather the fact that the question demonstrates, as stated UNEQUIVOCALLY: (1) that it was produced without any assistance from artificial intelligence—noting that AI is capable of recognizing texts produced by AI itself—and (2) that the attending-participating student has made every effort to answer it on her own, USING THE MATERIALS, before posing the question to the instructor.
Anyone who does not send the question within the said 15-minute period will automatically forfeit her status as an attending-participating student. This obligation also applies, under penalty of loss of such status, to absent students. In the case of illness, this obligation may be fulfilled afterward. Failure to meet this obligation before the oral exam will result in loss of the aforementioned status.
For the SECOND LESSON, a question conforming to the indicated standards must still be prepared, relating to Norma (see below), pp. 15-29. It remains understood that during this SECOND LESSON, the instructor will also ask direct questions to the students concerning Norma pp. 9-14 (except § 0.3).
The materials on which to prepare the questions will be indicated in a spreadsheet schedule that will be distributed to those who, by 11:59 p.m. on the very day of the SECOND LESSON, have expressed their intention to obtain the status of attending-participating student by sending an email—always to [email protected]—under penalty of being unable to access such status. This spreadsheet schedule will be sent to them by the third lecture. As for the assignments concerning the third lecture, they'll be indicated during the second lecture.
During the FIRST LESSON, the instructor will indicate ADDITIONAL parts to be prepared for the SECOND LESSON. For these parts, attending-participating students must prepare a second question, ALWAYS FOR THE SECOND LESSON, and always according to the methods indicated above. Not preparing also this second question will result in forfeiting the attending-participant status.
For the purpose of the final grade, depending on the number of attending-participating students, different weightings are applied between the grade related to participation and that related to the oral exam in determining the final grade. On Ariel there is a spreadsheet ("Excel") in which the weightings based on the number of attending-participating students are explicitly indicated and simulations can be carried out. Note that the evaluation of participation with a grade of 30 cum laude is counted as 31.
ATTENDING NON-PARTICIPATING STUDENTS
Final oral exam (100%).
For the purpose of the final grade, BOTH non-attending students AND attending-participating as well as attending-nonparticipating students (see below) are entitled to make use of concept maps and to take the oral exam with complete freedom to consult the textbooks; without any prior authorization required from the instructor. In the event that students with SLD wish to receive further information, the instructor is fully available. In no case, however, is any type of pre-authorization required.
NON-ATTENDING STUDENTS
Final oral exam (100%).
ATTENDING-PARTICIPATING STUDENTS
Class participation is based on PRIOR STUDY OF THE MATERIALS ASSIGNED FOR EACH LESSON, starting from the SECOND LESSON. For each lesson, beginning with the SECOND LESSON, each student must prepare one or two questions related to the assigned materials, in accordance with the following rules. Each attending-participating student must send to the instructor, no later than 15 minutes before each lesson (starting from the SECOND LESSON, as reiterated), via email to [email protected], under penalty of nullity, a question of at least 300 words and no more than 1,000 words, under penalty of nullity, that unequivocally shows that the attending-participating student has made every effort to independently reach an answer to the question she poses concerning the assigned materials.
What will be evaluated for the purpose of the course grade is not the correctness of the hypothesized answer to the question (there does not necessarily need to be one—it is sufficient that the written piece clearly reveals a serious effort to reach it), but rather the fact that the question demonstrates, as stated UNEQUIVOCALLY: (1) that it was produced without any assistance from artificial intelligence—noting that AI is capable of recognizing texts produced by AI itself—and (2) that the attending-participating student has made every effort to answer it on her own, USING THE MATERIALS, before posing the question to the instructor.
Anyone who does not send the question within the said 15-minute period will automatically forfeit her status as an attending-participating student. This obligation also applies, under penalty of loss of such status, to absent students. In the case of illness, this obligation may be fulfilled afterward. Failure to meet this obligation before the oral exam will result in loss of the aforementioned status.
For the SECOND LESSON, a question conforming to the indicated standards must still be prepared, relating to Norma (see below), pp. 15-29. It remains understood that during this SECOND LESSON, the instructor will also ask direct questions to the students concerning Norma pp. 9-14 (except § 0.3).
The materials on which to prepare the questions will be indicated in a spreadsheet schedule that will be distributed to those who, by 11:59 p.m. on the very day of the SECOND LESSON, have expressed their intention to obtain the status of attending-participating student by sending an email—always to [email protected]—under penalty of being unable to access such status. This spreadsheet schedule will be sent to them by the third lecture. As for the assignments concerning the third lecture, they'll be indicated during the second lecture.
During the FIRST LESSON, the instructor will indicate ADDITIONAL parts to be prepared for the SECOND LESSON. For these parts, attending-participating students must prepare a second question, ALWAYS FOR THE SECOND LESSON, and always according to the methods indicated above. Not preparing also this second question will result in forfeiting the attending-participant status.
For the purpose of the final grade, depending on the number of attending-participating students, different weightings are applied between the grade related to participation and that related to the oral exam in determining the final grade. On Ariel there is a spreadsheet ("Excel") in which the weightings based on the number of attending-participating students are explicitly indicated and simulations can be carried out. Note that the evaluation of participation with a grade of 30 cum laude is counted as 31.
ATTENDING NON-PARTICIPATING STUDENTS
Final oral exam (100%).
Educational website(s)
Professor(s)
Reception:
by appointment via email: [email protected]
Dipartimento 'Cesare Beccaria', Sezione di Filosofia e Sociologia del diritto; MTeams