00385 - Philosophy of Law

Learning outcomes

Essential (historical and theoretical) aspects of the philosophy of law, with reference, among other things, to introductory elements of applied ethics, logic and legal argumentation, sociology of law, legal informatics, and the most relevant issues discussed in contemporary legal-philosophical debate.

Course contents

The course provides a practical introduction to the main concepts, contexts, and tools of the lawyer’s craft. After presenting a definition of legal discourse, it focuses on the concepts of norm and normative efficacy, understood as the probability that a norm will be observed in the future by individuals and authorities. The course introduces and applies the methods of analytical legal theory and empirical research (computational and experimental), and concludes with an examination of the doctrinal approach.

Readings/Bibliography

Attending and non-attending students:

a) R. Guastini, La sintassi del diritto, Giappichelli, qualsiasi edizione (lettura e studio integrale)

b) C. Caruso e C. Valentini (dir.), Grammatica del costituzionalismo, Il Mulino, 2021.

 

ERASMUS Students:

Texts to be agreed upon with the lecturer.

Teaching methods

Each class includes the presentation of a topic followed by an open discussion with students. The aim is to actively engage students in the critical analysis of the topics addressed and in the application of conceptual distinctions, in order to foster a solid mastery of key concepts.

The course is held in Ravenna in the first semester.

Assessment methods

The final exam will consist of an oral and a written test. The oral part will also serve as an admission test for the subsequent written exam.

Teaching tools

Indication of the texts to be studied at home; possible supplementary seminars; assessment of the level of understanding during the course.

Office hours

See the website of Andrej Kristan