95674 - Philosophy of Law (LM)

Learning outcomes

This Course aims to provide students with specific themes and problems within the present philosophical debate on law, among them the relationship between law and morality, human rights, the tension between law and violence, the source and structure of intentional forms of social violence. With regard to this context of discussion, the Course intends to promote a competent and critical way of thinking

Course contents

ON FREEDOM OF EXPRESSION

The course aims to trace the genesis of the right to freedom of expression through fundamental figures and texts of philosophical thought.

In particular, selected parts of Treatise on Theology and Politics by Baruch Spinoza, Immanuel Kant's essay, Response to the Question: What is the Enlightenment? and John Stuart Mill's essay, On Liberty, will be commented on in the classroom.

In order to arrive at an understanding of the theoretical and normative bearing of the right to freedom of expression, the Course also proposes in its first part the historical-philosophical and historical-legal study of the birth of the category of individual rights, also through a comparison with pre-modern eras.

The aim of the Course is to show the decisive value of the exercise of freedom of expression and its recognition as a fundamental right for the creation of a democratic society.

Finally, it will attempt to bring to the surface the various short-circuits, latent paradoxes and “difficult” conflicts that the manifestation of this freedom brings with it in democratic practice.

In the second part of the Course, the thorny issues of censorship and self-censorship, the philosophical debate on pornography, the open topic of cancel culture, the forms of propaganda (and its pervasive escalation in the digital era), populism, the right to privacy and the right to be forgotten, just to name a few of the most urgent and sometimes dilemmatic problems, will find space. The presentation of these issues will be the premise for in-depth discussion and debate in the classroom.

Readings/Bibliography

Textbooks (classics):

Baruch Spinoza, Trattato teologico-politico, Einaudi, Torino 1972 or reprints (selected parts*)

Immanuel Kant, Risposta alla domanda: cos'è illuminismo?, in Id., Scritti di storia, politica e diritto, ed. by F. Gonnelli, Laterza, Rome-Bari 1995, pp. 45-52.

John Stuart Mill, Sulla libertà, Sugarco, Milan 1990 or reprints.

Jürgen Habermas, Storia e critica dell'opinione pubblica, Laterza, Rome-Bari 1977 or reprints.

 

ONE essay among the following:

Nadia Urbinati, Io, il popolo. Come il populismo trasforma la democrazia, il Mulino, Bologna 2020.

Frank Furedi, La guerra contro il passato. Cancel culture e memoria storica, Fazi, Rome 2025.

Stefano Rodotà, La vita e le regole. Diritto e non diritto, Feltrinelli, Milan 2007.

Ronald Dworkin, Abbiamo un diritto alla pornografia?, in Id., Questioni di principio, il Saggiatore, Milan 1990, pp. 313-59.

Claudio Vercelli, Negazionismo. Storia di una menzogna, Laterza, Rome-Bari 2013.

Hannah Arendt, Verità e politica, Bollati Boringhieri, Turin 1995.

*they will be indicated at the beginning of the course.

 

Reading of ONE literary text chosen from the following:

Antonio Tabucchi, Sostiene Pereira

Inge Scholl, La rosa bianca

Viktor Klemperer, LTI. La lingua del Terzo Reich. Taccuino di un filologo

Helga Schneider, Stelle di cannella

Mark Twain, Libertà di stampa

 

Non-attending students can usefully consult one among the following texts:

Francisco Javier Ansuategui Roig, Libertà di espressione. Storia e ragione, Giappichelli, Turin 2018.

Nigel Warburton, Libertà di parola. Una breve introduzione, Raffaello Cortina, Milan 2013.

 

Optional seminar activities will be offered by the Course;

a seminar with Francisco Javier Ansuategui Roig on the topic of Hate Speech and Fundamental Rights;

a seminar on the topic of Populism and the Democratic Crisis.

 

Class schedule:

Wednesday, Thursday, Friday -11 a.m. - 1 p.m: Aula IV - via Zamboni, 38.

 

Beginning of the Course: I Semester - 9.17. 2025

Reception hours:

From 10 September 2025, the reception of students will be held at 3pm every Wednesday, unless otherwise indicated in the Notices on the lecturer's webpage.
The reception is always without appointment;
it is also possible online by calling directly via teams. At the end of the in-person meetings, all those who have called (not written chat) will be contacted again by the lecturer.
It is advisable to always consult the lecturer's notices before going to the department. Occasionally other teaching or institutional commitments result in changes.

Teaching methods

§Lectures and discussion on bioethical themes.

Interdisciplinary seminars will be hold by experts working in the field.

§Seminars with guest speakers.

§Lessons will be recorded (but not necessary in real time) and made available by accessing ad hoc virtual teams-classroom. Access is possible through the unibo institutional credentials at the link present from September on the virtual materials of the Course.

Assessment methods

Final oral examination. Room 5.01 (str. Zamboni 38). On September there will be an examination schedule.

Evaluating criteria:

Expertise; practical reasoning ability; critical competence.

On the basis of these three main parameters it will be formalised in an evaluation expressed in thirtieths, which may vary according to the full range of available grades.

Notes:

18-21/30 basic level

22-25/30 moderate level

26-28/30 good level

29-30/30 excellent level.

Exam sessions
During the 2025/2026 academic year, (for all students) exam sessions are scheduled in the following months (please note that the examination can be taken by both attending and non-attending students once the last lecture of the course has been held):

9.9.2025 h 3 p.m.

10.29.2025 h 11 a.m.

12.17.2025 h 11 a.m.

1.14.2026 h 12 a.m.

2.11.2026 h 12 a.m.

3.11.2026 h 12 a.m.

5.6.2026 h 12 a.m.

6.10.2026 h 12 a.m.

7.8.2026 h 12 a.m.

Students with disabilities and Specific Learning Disorders (SLD)

Students with disabilities or Specific Learning Disorders have the right to special adjustments according to their condition, following an assessment by the Service for Students with Disabilities and SLD. Please do not contact the instructor but get in touch with the Service directly to schedule an appointment. It will be the responsibility of the Service to determine the appropriate adjustments. For more information, visit the page: https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students .

It is recommended that students contact the University office in advance. Any proposed adjustments must be submitted at least 15 days in advance for the instructor’s approval, who will evaluate their appropriateness in relation to the learning objectives of the course.

Teaching tools

Optional seminar activities will be offered by the Course;

a seminar with Francisco Javier Ansuategui Roig on the topic of Hate Speech and Fundamental Rights;

a seminar with Nadia Urbinati on the topic of Populism and the Democratic Crisis.

Useful Links:

www.studiperlapace.it

https://www.treccani.it/enciclopedia/elenco-opere/Enciclopedia_delle_scienze_sociali/

https://plato.stanford.edu/

Office hours

See the website of Marina Lalatta Costerbosa