98811 - INTRODUCTION TO LAW

Learning outcomes

The objective of the course is to provide students with the basic knowledge of different systems of sources, of the organization of various forms of State and Government and of the diverse Constitutional Courts. According to the objective of the course, the student will learn the regulation of the institutional structures, with special attention to the sources of law, to the evolution of the forms of State and Government and to the protection provided by the different Constitutional Courts. Furthermore, the student will be able to apply the above-mentioned knowledge to European, international, and institutional studies.

Course contents

The course is delivered across twenty lectures, organised in five parts that track the twelve core topics. Part I establishes the nature of law — its concept and functions, its relationship to other normative systems, and the distinction between binding and non-binding norms. Part II turns to the diversity of legal cultures and to the construction and function of legal norms. Part III addresses the machinery of domestic law: the sources and their hierarchy, the law-making process, the interpretation of the law, and the validity and application of legal norms. Part IV considers the role of courts and the relationship between domestic orders and international law. Part V closes with the rule of law and fundamental rights, drawing the threads of the course together.

Each lecture lists its guiding questions and the essential reading from the course textbook. Students are expected to complete the assigned reading in advance of the corresponding lecture.

Lecture programme

1. The concept of law
2. The functions of law
3. Law and other normative systems
4. Binding and non-binding norms
5. Legal cultures and their diversity I: traditions and families
6. Legal cultures and their diversity II: civil law, common law and beyond
7. The legal norm: construction and structure
8. The legal norm: types and functions
9. Domestic law: the sources of law
10. Domestic law: the hierarchy of sources
11. Legislation and the law-making process
12. Interpretation of the law I: aims and methods
13. Interpretation of the law II: legal reasoning
14. Validity and application of laws
15. The role of courts I: adjudication and judicial reasoning
16. The role of courts II: constitutional review and the protection of legality
17. Domestic orders and international law I: the international legal order
18. Domestic orders and international law II: reception and supranational orders
19. The rule of law
20. Fundamental rights

Readings/Bibliography

Mandatory text: J. Hage, A. Waltermann and B. Akkermans (eds), Introduction to Law (2nd edn, Springer 2017).

Additional sources:

1. Hans Kelsen, Pure Theory of Law

2. H. L. A. Hart, The Concept of Law

3. Lon Fuller, Morality of Law

4. Martin Krygier, ‘Democracy and the Rule of Law’ in The Cambridge Companion to the

Rule of Law, ed. Jens Meierhenrich and Martin Loughlin (Cambridge: CUP 2021) 406-22

Teaching methods

Teaching methods are academic lessons, promoting dialogue and debate with students. In addition, during the course discussion of judgments and cases will be provided, as well as small assignments.

Assessment methods

Students will be evaluated through a written test of one hour and half composed of two parts: multiple choice questions and one open question.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

• 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.

If the exam is failed, students will have only one other opportunity to pass the written exam. The exam dates will be communicated by the professors during the lectures.

Teaching tools

Slides, docs, case law (rulings, etc.), and other case studies (decisions, etc.) will be accessible on the "Virtuale" Platform (Dashboard).

Students requiring compensatory measures and/or due to disabilities or Specific Learning Disabilities (SLD) should communicate this as soon as possible to the teacher to be addressed by the appropriate office to evaluate and agree on the most suitable measures and tools.

For appointments, contact via email Prof Madalina Moraru : madalina.moraru@unibo.it

Office hours

See the website of Madalina Bianca Moraru

See the website of Marco Balboni