00385 - Philosophy of Law (M-Q)

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

Essential (historical and theoretical) profiles of positivist and/or constitutionalist legal philosophy, with reference to elements of rule of law theory and introductory aspects of legal argumentation.

Topics covered: Law and morality; natural law doctrine; legal positivism; legal realism; constitutionalism; rule of law; legal language; legal norms; legal systems; legal interpretation ad argumentation

Readings/Bibliography

Attending and non-attending Students:

a) M. Barberis, Una filosofia del diritto per lo stato costituzionale, Giappichelli, Torino 2017 (read in full). If this edition is not available, the equivalent alternative is M. Barberis, Diritto in evoluzione. Un manuale?, Giappichelli, Turin 2022 (read in full)

b) H. Kelsen, Lineamenti di dottrina pura del diritto, Einaudi, Turin 2000 (read in full)

c) H. Hart, Il concetto di diritto, Einaudi, Turin, 2002 (the entire essay, but not the Postscript)

Erasmus Students:

1) H. Hart, The Concept of Law, 2nd ed. with a Postscript, Clarendon 1994.

2) R. Alexy, Begriff und Geltung des Rechts, Alber 1992.

Teaching methods

The course includes lectures, in-class reading and commentary of reference texts, and in-depth seminars.

The lectures will be held during the first semester at the Bologna campus.

The course consists of 30 2-hour lectures. In each lesson, a topic is introduced by the lecturer and then discussed with the students' active participation, the aim being to involve the students as much as possible in the development and critical assessment of the argument

Assessment methods

 

The exam will consist of a written exam including the three texts. Students who obtain a certificate of attendance in the current academic year will be able to sit the exam from January 2026. There is no propaedeuticity requirement for the exam to be valid.


Grading of the final grade:

Preparation on a very limited number of topics; limited ability to analyse; overall correct language → 18-19.

Preparation on a limited number of topics; limited ability to analyse; language correct → 20-24.

Comprehensive preparation on a large number of topics; above average critical capabilities; mastery of specific terminology → 25-29.

Comprehensive preparation; above average critical ability; full command of specific terminology; appreciable argumentative skills → 30-30L.


Students with DSA or temporary or permanent disabilities: it is advisable to contact the University office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/it ) in good time: it will be its task to propose any adaptations to the students concerned, which must in any case be submitted, 15 days in advance, for the approval of the lecturer, who will assess the appropriateness in relation to the teaching objectives.

Dissertations: Students intending to apply for a thesis in the subject are requested to 1) contact the lecturer at least seven months before the session in which they intend to graduate, and 2) consult the titles of the theses already completed that appear in the “Didactics-Thesis” section of the lecturer's website.

Teaching tools

Selected texts will be read and commented. The Students' understanding of course contents will be assessed as the course progresses. There may be seminars organized for the Students.

Office hours

See the website of Silvia Vida