00385 - Philosophy of Law (A-C)

Learning outcomes

At the end of the course, the student: - is able to understand the fundamental philosophical issues raised by law and their significance; - has knowledge of legal-philosophical conceptions in their historical development, from their origins to contemporary perspectives, and can reconstruct how these conceptions provide answers to these issues; - can critically evaluate the theoretical advantages and limitations of the various conceptions; - possesses basic notions of legal theory and the theory of legal interpretation.

Course contents

The course will provide a theoretical and historical introduction to the main issues and approaches in legal philosophy. The focus will be on (a) fundamental questions concerning the nature and application of the law - what the law is - and (b) the different answers provided to such questions by different theories.

 

(a)

The law and the sources of the law

Types of legal norms

Legal systems

The distinctive features of law

Validity, efficacy and justice of legal norms

Law and morality

Language, legal interpretation and legal reasoning

 

(b)

Natural Law Theory

Legal Postiivism

Legal Realism

  

 

Readings/Bibliography

------ Attending Students 

a) H.L.A. Hart, Il concetto di diritto, Einaudi, 2002 (trad. M. Cattaneo), capp. 1–9.

b) R. Dworkin, I diritti presi sul serio, il Mulino, 2010, cap. II ("Il modello delle regole I").

c) C. Faralli (a cura di), Argomenti di teoria del diritto, Giappichelli.

d) C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, pp. 1–69.

----- Non-attending Students

a) H.L.A. Hart, Il concetto di diritto, Einaudi, 2002 (trad. M. Cattaneo), capp. 1–9.

b) R. Dworkin, I diritti presi sul serio, il Mulino, 2010,cap. II ("Il modello delle regole I").

c) C. Faralli, Argomenti di teoria del diritto, Giappichelli.

d) C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, pp. 1–69.

e) H. Kelsen, Lineamenti di dottrina pura del diritto, Einaudi, Torino 2000

 

----- For students who are behind schedule with their exams and who are enrolled in the five-year programme in Giurisprudenza (Magistrale),the four-year programme in Giurisprudenza (vecchio or nuovo ordinamento), in the three-year programme in Scienze giuridiche, or in the two-year Laurea Specialistica in Giurisprudenza:

They must prepare the exam according to the program of the current academic year, but changes can be made in agreement with the professor.

----- For students who require a supplement of credits CFU for Philosophy of Law:

1-2 credits: Three chapters chosen by the students from C. Caruso, C. Valentini (a cura di), Grammatica del costituzionalismo, Il Mulino, Bologna, 2021.

3-4 credits: Five chapters chosen by the students from C. Caruso, C. Valentini (a cura di), Grammatica del costituzionalismo, il Mulino, Bologna, 2021.

5 credits: Six chapters chosen by the students from C. Caruso, C. Valentini (a cura di), Grammatica del costituzionalismo, il Mulino, Bologna, 2021.

 

----- Erasmus Students

a) Argomenti di teoria del diritto. Materiali per gli studenti, Giappichelli, Torino, 2016.

b) C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, Torino, 2014.

In addition, the student has to choose one of the following books:

- H. Kelsen, Introduction to the Problems of Legal Theory, Oxford, Clarendon Press, 1992.

- H. L. A. Hart, The Concept of Law (with a Postscript), Oxford, Oxford University Press, 2012.

- J. J. Moreso, J. M. Vilajosana, Introducción a la teoría del derecho, Marcial Pons, Madrid-Barcelona, 2004.

Teaching methods

The lectures will cover course contents and include the discussion and critical analysis of selected readings and judicial decisions in class. Further information about the course will be provided in class and published online.

During the course, there will be one or more practical and writing sessions with a collective discussion on questions and results.

This is a first-semester course.

For information about the timetable and location of classes, please check this webpage and the website of the Department: https://corsi.unibo.it/singlecycle/LawBologna

 

Assessment methods

During the course, there will be one or more practical and writing sessions, consisting of a) a self-assessment test (anonymous) and 2) a short written essay answering an open question on one of the topics discussed in the previous lectures. In both cases, there will be a collective discussion on the question and the results of the exercise.

The final exam consists of a 2 hours written test consisting of: 2 open-ended questions and a multiple choice test, covering the entire course contents.

Each part of the written exam (2 open-ended questions and the test) allows to obtain from 0 to a maximum of 10 points which contribute to determining the final grade. The written exam is passed with a minimum score of 18 points.

Only in case of positive evaluation of the written test, there will be an oral exam that will take place in the same day and will confirm/improve/worsen the grade achieved in the written test. In case of failure of the oral exam, students must resit the written test.

The oral exam will cover the entire course contents. 

For students not attending classes the oral exam will also cover the contents of:

H. Kelsen, Lineamenti di dottrina pura del diritto, Einaudi, Torino 2000.

 

The exam is designed to assess students' knowledge of the basic and advanced concepts covered in the course, the critical and methodological skills of the student, the ability to connect parts of the program in an interdisciplinary way. Particular attention will be paid to the integrated vision of the discipline.

The test takes place without the possibility of consulting books, notes, digital tools, under penalty of annulment of the test itself.

 

ASSESSMENT METHODS FOR STUDENTS BEHIND SCHEDULE

The assessment method described above is also valid for students behind schedule.

 

Final grading criteria:

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Students registering for the exam must so do using the University's Almaesami system.Registration for exam sessions will take place through the University's online system, Almaesami.

Attending students must present at the oral examination the duly completed certification of attendance (downloadable online), certifying their presence at no fewer than two thirds of the lectures, equal to 40 hours. Attending students may be examined on the specific content of the lectures listed on the certification of attendance.

Students who obtain the certification of attendance in the current academic year may sit the exam from January 2027 onwards.

Students who attended the course in previous academic years must produce the corresponding certification of attendance.

No prerequisite requirements apply for the validity of the exam.

 

 

 

Teaching tools

Slides and handouts summarizing the course contents; discussion and critical analysis of selected readings and judicial decisions in class; use of online platforms to access and exchange information about the course.

All information relative to the course, along with any course material, will be available online at https://iol.unibo.it/ oppure su https://www.unibo.it/sitoweb/c.valentini

Students with learning disorders or other impairments who need special aids can point that out to the professor, who will make appropriate arrangements.

 

THESIS

Students planning to write a dissertation on any contents or issues covered in the course are recommended to include one or more of the following courses in their curriculum depending on their interests:

• Rule of Law: Foundations and Applications;
• Logic and Legal Reasoning;
• Sociology of Law

Office hours

See the website of Chiara Valentini