PHILOSOPHY OF LAW
The course has two fundamental goals. On the one hand, it provides the student with analytic skills for the adequate understanding and use of key legal concepts. On the other hand, it aims to introduce the student to the debate on how the law functions and in which ways it can conflict with moral requirements. In any case, the students will be required to develop rational argumentation in order to identify the pros and cons of the different theories that will be analyzed.
From XIX century legislative state to XX constitutional democratic state. Formalism and anti-formalism. Legal Positivism and Natural Law theory. Analysis of normative language. Analysis of basic legal concepts (“law”, “right”, “legal system”, “legal norm”, “legal sanction”). Models and forms of legal reasoning. Legal interpretation. Relations between positive law and morals
First part: The relation between law and morality – Different conceptions of the law and legal norms – Cases of conflict between law and morality.
Second part: Legal concepts. Different kinds of legal norms. The legal system. The concept of validity, efficacy and applicability of norms. Consistency, coherence and legal gaps. Interpretation and application of legal norms: logic, semantic and axiological problems. Legal reasoning. The justification of the judicial decisions.
Regular Students that attend the course:
1 D. Canale, Conflitti pratici. Quando il diritto diventa immorale, Laterza, Roma-Bari 2017 (pp.180)
2- M. Barberis, Introduzione allo studio del diritto, Giappichelli, Torino, 2014, cap. III, IV e V. (pp. 138)
Students that do not attend the course:
1- C. S. Nino, Introduzione all’analisi del diritto, Giappichelli, Torino, 1996 (398 pp).
2- G. Pino, A. Schiavello, V. Villa (eds.), Filosofia del diritto. Introduzione critica al pensiero giuridico e al diritto positivo, Giappichelli, Torino, 2013 (Part III, chap. 3 and 5; Part IV, chap. 1, 3 and 4. Total: .131pp.)
MARIA CRISTINA REDONDO NATELLA (President)
JULIETA AGUSTINA RABANOS (Substitute)
NATHALIE PARIS (Substitute)
GIOVANNI BATTISTA RATTI (Substitute)
PIERLUIGI CHIASSONI (Substitute)
LAURA SCUDIERI (Substitute)
NATALIA SCAVUZZO (Substitute)
ALESSANDRO ATTILIO NEGRONI (Substitute)
LUIS FERNANDO MATRICARDI RODRIGUES (Substitute)
MIGUEL FERNANDEZ NUNEZ (Substitute)
ISABEL FANLO CORTES (Substitute)
LUCA MALAGOLI (Substitute)
EDWIN MAURICIO MALDONADO MUNOZ (Substitute)
ALEJANDRO CALZETTA (Substitute)
PAOLO COMANDUCCI (Substitute)
I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021
Students who attend the course: written and oral exam.
Students who do not attend the course: oral exam.
The students who attend the course will have an exam divided into two parts. In the first one – which will be written - the student will answer to six brief questions regarding those subjects that have been explained during the lessons and the contents of the recommended bibliography. Those who succeed in the first part of the exam will continue with the second, oral part of it. In this moment the student will be expected to offer a deeper account of the responses provided in the first part and to answer other new questions related to the program.
The evaluation will take into account the capacity to understand the problems discussed during the course and the ability to analyse the argument for and against the different philosophical thesis.
The students who do not attend the course will have only an oral exam. Also in this case the evaluation will take into account if the students have acquired the relevant concepts and those analytical capacities necessary to approach the central debates of the Philosophy of Law.