32616 - Philosophy of Law

Learning outcomes

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.

Course contents

A critical introduction to the main schools of thought and issues in legal philosophy, with specific reference to the following:

• natural law theory

• legal positivism

• legal realism

• economic analysis of law

• critical legal theory

• feminist legal theory

• Hart

Readings/Bibliography

Attending students

1) Textbook Part

Martin P. Golding and William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory, Oxford, Blackwell, 2005 (chapters 1–6).

2) Focus Part

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 Postscript).

 

Non-attending students

There will be no formal assessment of attendance during this course. Given that the subject matter is difficult and the main arguments complex, however, classes are very helpful to understand the main topics. Students unable to attend should download and study all the teaching material that will be provided by the teacher throughout the course (it will be available on the MOODLE platform connected with the course) and contact the teacher for any problem in understanding the topics and arguments dealt with in the readings. 

 

Erasmus students

Given that the course and the exam will be in English, there are not specific readings or bibliography for Erasmus students. They are required to study the same readings as the others students.

Teaching methods

The lectures will either cover course contents or will consist in reading and commenting of subsidiary texts related to those contents, so as to elicit discussion in class. Slides will be used to help students have a graphic representation of concepts and their historical developments. The DOCERI app (for Ipad and Imac) will be used to comment and annotate texts under discussion directly on screen and the structure of some theoretical problems will be shown and explained using the online software "Rationale".

Given that the course will be given in English and that some feedback and discussion from students will be welcome, students attending classes should have a knowledge of English language at least comparable to an A2 level.

Throughout the course, students will have the opportunity to make exercises and tests online, on the MOODLE platform of Unibo. These tests will be repeatable at will, so as to make it possible for the students to check the degree of their understanding and the evolution of their learning. Further, forum sessions will be organized on the same MOODLE platform to discuss topics of legal-philosophical significance.

This is a first-semester course. Please check the website www.giuri.unibo.it for the room and the weekly schedule of the lectures.

Assessment methods

Student performance will be assessed through a final oral exam. Students registering for the exam must so do using the University's computer network Almaesami.

The final exam is meant to test not only the students' knowledge of the main developments of the history of legal philosophy up to the contemporary debate, but also their understanding of the complex theoretical issues discussed during the course. Hence, the exam will not necessarily dwell on specific textual passages but will rather test the students' ability to argue a philosophical thesis and understand the problems connected to it. Normally, the oral examination consists of a series of questions on the texts of the course, and the final grade is the result of an average of the results of the answers to these questions. When students achieve an organic view of the issues addressed in lectures, demonstrating a mastery of the specific terminology and conceptual framework of the discipline, they will be assessed with marks of excellence. Lack of concision and the usage of language and terminology which are not always appropriate will lead to a fair evaluation; knowledge gaps and inappropriate language - although in a context of acceptable knowledge - will not go beyond the grade threshold “sufficient”. Knowledge gaps (such as to have ignored some of the texts in the program for the course), inappropriate language, and lack of any overall view of the basic issues discussed in textbooks and during the course that will lead to an insufficient assessment.

There are no prerequisites that need to be satisfied for eligibility to take this exam.

Teaching tools

These include slides summarizing the main course topics, a mailing list in order to improve communication between the students and Dr. Roversi, and the reading and commenting of texts in class, including by using the DOCERI app for Ipad and Imac in order to annotate texts and slides directly on screen and Rationale software in order to explain the structure of some theoretical problems.

All the information relative to the course, along with any notice Dr. Roversi may give, as well as any supplemental course material, will also be available online at http://campus.unibo.it

 

Dissertation thesis

Students wishing to write a thesis in this subject area are advised to include the following courses in their curriculum:

• Theory of Law and of Justice

• Legal Logic and Argumentation

• Sociology of Law

• Applied Ethics: Bioethics and Professional Ethics

Office hours

See the website of Corrado Roversi