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

Concepts of Law and Legal Philosophies

What is the law? What is the essence of the legal phenomenon? Why should we obey the rules? Must one obey the unjust law? What is the relationship between law and morals? Is it possible to study law in a “neutral” way?

Starting from some fundamental questions that have always engaged philosophical reflection on law, the course Concepts of Law and Legal Philosophies will start from the traditional contrast between natural law and legal positivism, to then break it up, in order to offer an articulated overview of themes and issues that grapple with the neo-constitutionalist turn and contemporary critical orientations.

More specifically, the course is divided into two modules.

The first module will focus on the classical perspectives, through a selection of some fundamental theoretical issues. After a reflection on natural law and its eighteenth-century rearrangement accomplished through the lexicon of the rights of men, particular attention will be paid to authors such as Rudolf von Jhering and Hans Kelsen, but also to Ronald Dworkin and Robert Alexy.

The second module will examine some contemporary critical theories, such as legal feminism and critical race theory, and will finally come to investigate some problems that the philosophy of law is called to address in the present time, at the intertwining of law and bioethics.

Readings/Bibliography

Bibliography (mandatory readings):

1. N. Bobbio, Giusnaturalismo e positivismo giuridico, prefazione di L. Ferrajoli, Laterza, Roma-Bari, 2011.

2. R. von Jhering, La lotta per il diritto (1872), Laterza, Bari, 1960.

3. H. Kelsen, La dottrina pura del diritto (1960), a cura di M. Losano, Einaudi, Torino, 2021, capp. I-IV.

4. R. Alexy, Concetto e validità del diritto (1992), a cura di M. La Torre, Carocci, Roma, 2022.

5. R. Dworkin, Il dominio della vita (1993), a cura di S. Maffettone, Edizioni Comunità, Milano, 1994.

Attending students will have to integrate the mandatory readings with class notes.

Non-attending students will have to integrate the mandatory readings with one (or more than one) of the following manuals:

- V. Ferrone, Storia dei diritti dell’uomo. L’Illuminismo e la costruzione del linguaggio politico dei moderni, Laterza, Roma-Bari, 2014, pp. 5-131, 490-513.

- P. Costa, Civitas. Storia della cittadinanza in Europa, vol. II: L’età delle Rivoluzioni, Laterza, Roma-Bari, 2000, pp. 5-164.

- Th. Casadei, Gf. Zanetti, Manuale multimediale di Filosofia del diritto, Giappichelli, Torino, 2022, pp. 321-492.

Teaching methods

All lessons will take place exclusively in person and will be recorded. Both attending and non-attending students will be able to view the recordings of the lessons, which will be available in a Team created and managed by the teacher. The recordings can be intended as learning support material.

Lessons will be held from 18th September 2023 to 13th December 2023, on Monday, Tuesday and Wednesday from 11.15 am to 12.45 pm. Any changes will be communicated by the teacher and will be indicated with a notice on the platform Virtuale.

During the course, the following seminar lessons will be held:

- Monday 13th November 2023, 11.15-12.45 (Aula A – via Centotrecento): with Ilario Belloni (Univ. di Pisa), Franz Kafka e l’abbaglio della legge. In occasione del 140° anniversario della nascita di Franz Kafka (1883-1924)

- Monday 4th December 2023, 11.15-12.45 (Aula A – via Centotrecento): with Maria Giulia Bernardini (Univ. di Ferrara), Diritti umani e vulnerabilità: tra teoria e critica. In occasione della Giornata internazionale dei diritti delle persone con disabilità e della Giornata internazionale dei diritti umani

- Tuesday 12th December 2023, 11.15-12.45 (Aula A – via Centotrecento): with Daniela Tafani (Univ. di Pisa), Noemi Miniscalco (Univ. di Modena e Reggio Emilia), Paolo Burgio (Univ. di Modena e Reggio Emilia), L’intelligenza artificiale tra diritto ed etica. Prospettive critiche

The dates for the exam sessions will be made available on Alma Esami.

For any need or doubt relating to the course, please contact serena.vantin3@unibo.it

Assessment methods

Both for attending and non-attending students, knowledge will be tested through an oral examination.

"Attending" are those students who regularly participate in face-to-face lessons.

"Non-attending" are those students who do not regularly participate in face-to-face lessons.

Attendance signatures will not be collected during the lessons. Displaying the recordings of the lessons is not relevant for the purpose of being considered as an attending student.

The assessment will take into account the following verification criteria:

1. knowledge and ability to understand specific issues;

2. ability to apply knowledge, through the examination of specific topics;

3. autonomy of judgment, or the ability to re-elaborate information independently and personally;

4. communication skills, starting from the ability to communicate ideas and problems with a proper language and a good articulation of thought;

5. learning skills, i.e. correct acquisition of tools and critical judgment skills on complex concerns.

The purpose of the oral exam is to verify the student's ability to apply his or her own knowledge and to make the necessary logical-deductive connections.

Graduation of the final grade:

- Preparation on a very limited number of topics covered in the course and analytical skills that emerge only with the help of the teacher, expression in overall correct language → 18-19;

- Preparation on a limited number of topics covered in the course and autonomous analysis skills only on purely executive issues, expression in correct language → 20-24;

- Knowledge of a large number of topics addressed in the course, ability to make independent choices of critical analysis, mastery of specific terminology → 25-29;

- Substantially exhaustive preparation on the topics addressed in the course, ability to make independent choices of critical analysis and connections, full mastery of the specific terminology and ability to argue and self-reflect → 30-30L.

 

People with disabilities or specific learning disorders are entitled to special adaptations in relation to their condition, subject to evaluation by the University Service for students with disabilities and DSA. Please do not contact the teacher but the Service for an appointment. The Service will be responsible for establishing which adaptations are appropriate. More information on the webpage <site.unibo.it/studenti-con-disabilita-e-dsa/it/per-studenti>.

Teaching tools

For the benefit of (attending and non-attending) students, both the slides and the recordings of the lessons will be made available.

Office hours

See the website of Serena Vantin