B0153 - PHILOSOPHY OF LAW

Learning outcomes

During the course, students will be introduced to the critical study of the history of legal philosophy to the main parts of legal theory (such as the typology of norms and the interpretation, integration and systematization of the legal system), and to the main issues in contemporary legal philosophy. By the end of the course students will know and understand the three main conceptions of legal theory – natural law theory, legal positivism, and legal realism as well as their theoretical implications; finally some contemporary trends (law and economics, critical legal studies, and legal feminism) will be introduced and discussed.

Course contents

The course is divided into three parts.

In the first part (Conceptions of Law), students will be introduced to the three main approaches in legal theory—natural law theory, legal positivism, and legal realism—and to their respective theoretical implications.

In the second part (Hart: The Concept of Law), we will examine in detail H. L. A. Hart’s seminal work The Concept of Law, with particular focus on Chapters 1 through 7.

In the third part (Contemporary Perspectives), we will consider several contemporary approaches in legal philosophy, also in relation to the traditional views. We will begin with an in-depth discussion of the Hart–Dworkin debate. We will then address the debate between inclusive and exclusive legal positivism (with particular attention to Raz’s theory of authority), as well as neo–natural law theory (especially Finnis and Fuller). Finally, students will be introduced to law and economics, critical legal studies, and legal feminism.

Readings/Bibliography

Relevant for all three parts:

R. Wacks, Understanding Jurisprudence: An Introduction to Legal Theory, 6th ed., Oxford University Press, 2021 (Chapters 1–6, 13–14).

Relevant for Parts 2 and 3:

H. L. A. Hart, The Concept of Law, 2nd ed., with a Postscript edited by Penelope A. Bulloch and Joseph Raz, Oxford, Clarendon Press, 1994 (Chapters 1–7 and the Postscript).



Erasmus Students and BAES (European Studies) Students

Since the course is taught in English, there is no syllabus specifically tailored to Erasmus students. Erasmus students will therefore follow the same readings as non-Erasmus students.

However, some Erasmus students may have fewer than 9 credits of Philosophy of Law in their study plan.

Students with 3 credits are required to study Part 1 only.

Students with 6 credits are required to study Parts 1 and 2.

Students enrolled in the Bachelor’s Degree in European Studies (BAES) are required to study Part 1 only.

For any situation not covered by the above information, students are kindly requested to consult the teacher during class.



Non-attending Students

Attendance is not formally recorded, but it is strongly recommended, as it will help students engage more effectively with the complexity of the subject matter and the issues discussed.

Non-attending students are nonetheless required to download all relevant teaching materials from the course website on Virtuale, including any slides used during the lectures. They are also encouraged to ask Prof. Roversi in class should they encounter any difficulties in understanding the assigned readings.



Students with learning disorders and/or temporary or permanent disabilities

Students are kindly requested to contact the relevant office

(https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students)

as early as possible, so that appropriate accommodations can be proposed.

Requests for accommodations must be submitted to the lecturer at least 15 days before the exam date. The lecturer will assess the appropriateness of the proposed measures, taking into account the learning objectives of the course.

Teaching methods

Philosophy of Law will be taught in presence.

Apart from slides and other teaching materials, that will be published on the platform of the course on Virtuale, the teacher will use software for the construction of tests online, and for the construction of online polls that will serve as a means to interact during a lecture (Wooclap). In particular, throughout the course, students will have the opportunity to make exercises and tests online, on the Virtual platform of Unibo Virtuale, so as to make it possible for the students to check the degree of their understanding and the evolution of their learning. In this activity, students will have the opportunity to answer online questions several times, to let them self-assess their understanding. Software for online polls will also be used, to gather students' opinions during classes.

In parallel with the classes, one or more exercises will take place online, consisting in what follows. The teacher will briefly illustrate an open-ended question, on which the students will draft a text following a set of instructions previously provided by the teacher. Then, the teacher will present the optimal methods and contents of the answer to the previously given question, so that the students will be able to self-assess and correct their work. Finally, students will be left the time necessary for questions and requests for verification of any error. Students are required to bring the collection of essays produced for these exercises to the final examination.

Considering that the course is taught in English and that class participation is encouraged, students who intend to attend should make sure they have an adequate English language proficiency: this means at least an B1 or equivalent level.

This is a first-semester course. Class locations (for those willing to attend the frontal lectures) and the class schedule will be made available on the teacher's Unibo website, under "teaching".

Assessment methods

Student evaluations are based on a final oral exam, which students can register for on the UNIBO Almaesami platform. The exam will be taken in presence. In any case students are kindly asked to look at the specific appello under ALMAESAMI in order to know the modalities chosen by the teacher.

The exam will be aimed at evaluating not only the students’ knowledge of the content covered by the course but also their ability to critically think through the theoretical issues discussed in class. This means that, in addition to knowing what is in the readings, students are expected to demonstrate that they understand the main concepts and conceptions and the problems they raise.

The exam will include at least three questions: one about the general legal-philosophical conceptions (natural law theory, legal positivism, and legal realism), one about Hart and "The Concept of Law", and one about the contemporary conceptions (Critical legal studies, law and economics, legal feminism, the debate between Hart and Dworkin, Exclusive legal positivism, and neo-natural law theory).

The final grade is calculated by averaging the grades assigned in the two different parts. The grading system will be used to assess three levels of achievement. A mark of exceptional achievement will be awarded to students who can demonstrate an overall organic understanding of the themes and issues covered in class, coupled with an ability to critically reason through them, and to do so with a good command of the language specific to the two disciplines. A mark of acceptable achievement will be assigned to students who demonstrate a capacity for synthesis and analysis but are not fully articulate in doing so or are not accurate in their use of the language. Finally, students whose knowledge is gappy (they may unfamiliar with some of the material and readings in the syllabus or be unable to find their bearings within this material) or whose language skills and vocabulary are inadequate will receive a mark of inadequate achievement.

Final Grading Scale
– The student’s grasp of the ground covered in class is limited to only a narrow range of issues, with an analytic ability that only comes out with the instructor’s help, even if the language used is on the whole correct. → 18–19
– The student can discuss a broader range of issues, but with a limited capacity for critical analysis, even if the language is correct. → 20–24
– The student can discuss a broad range of issues, demonstrating an independent capacity for critical analysis and a command of the terminology. → 25–29
– The student demonstrates a facility for discussion essentially across the entire spectrum of issues, with an ability to engage in independent critical analysis and make connections between arguments, coupled with a full command of the terminology and a capacity for argument formation and self-reflection. → 30–30 cum laude.

Students need not pass any introductory courses in order to take the exam.

Teaching tools

There is a range of study aids available to students. These include lecture summaries and slides providing snapshots of the main questions discussed in class, further readings for deep dives into specific topics, mailing lists for sending out notices and information about the course. But perhaps most important is class participation, through which students can get a good sense of their own understanding and of the progress they are making.

All course information and class supplements will be made available at the course's website (on Virtuale).

Students may contact Corrado Roversi at corrado.roversi@unibo.it for any queries.

Office hours

See the website of Corrado Roversi