PHILOSOPHY OF LAW
The course will introduce students to the basic matters of a philosophical study of law, adopting the tools and perspective of analytical jurisprudence.
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
AIMS AND LEARNING OUTCOMES
The course aims at providing students with a set of notions and methods of analysis that should make them capable of a mastering and critical approach to legal issues.
1. Philosophy of Justice
2. Natural Law theory
3. Philosophy of positive law
4. Philosophy of law for a constitutional state
5. Theory of doctrinal study of law
6. Legal Epistemology
1) P. Chiassoni, Da Bentham a Kelsen. Sei capitoli per una storia della filosofia analitica del diritto, Torino, Giappichelli, 2016, in the parts that will be announced on Aulaweb.
2) B. Celano, I diritti nello stato costituzionale, Bologna, Il Mulino, 2013, limitedly to Introduction and chaps. 1, 3 and 4..
3) L. Ferrajoli, La democrazia costituzionale, Bologna, Il Mulino, 2016, totally
Ricevimento: By appointment (write to: email@example.com)
I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021
For students attending classes, the exam shall consist in a written proof (answering to five open-questions upon ten, in a one-hour time) and in an (optional) oral examination
For students not attending classes, the exam shall consist in answering to five open-questions in 35 minutes times and in an oral examination following the written one.