IUS/20 - 7 CFU - 1° semestre

Docente titolare dell'insegnamento

Edificio / Indirizzo: Via Crociferi 81
Telefono: 095230396
Orario ricevimento:

Obiettivi formativi

Knowledge and comprehension

The course aims at introducing students to a number of major topics in Legal Theory, focusing particularly on the contemporary developments of the classical theories of law. The general goal is to acquaint students with a theoretical background encouraging a critical method in considering social, political and legal institutions.

Ability to apply knowledge and comprehension

Analysing some basic questions, associated with the classical terms of the legal-philosophical debate, we will also focus on main contemporary practical and normative applications coming from these debates. Besides, we aim at offering a critical review of the most important current paradigms in Legal Theory in the light of the Nation-State crisis and within the concrete perspective, for lawyers too, of post-national legal and political institutions.

Modalità di svolgimento dell'insegnamento

Frontal classes supported by slides.

Prerequisiti richiesti

There are no prerequisites.

Frequenza lezioni

Highly recommended.

Contenuti del corso

This course deals with several important theoretical features concerning law. These features include the nature and function of law within our societies, the scope of the obligations under law, the structure of legal reasoning and legal interpretation. The course proceeds by way of a critical analysis of modern and contemporary schools of thought about legal issues. Therefore, the course deals with classic questions in jurisprudence. Sample questions addressed include: What justifies a legal order? What makes a rule a legal rule? Is morality legally binding regardless of whether it has been formalised into postive law? How do judges decide? Do what extent legal rules constrain judicial decision-making? The lectures on Law and State will be held by Professor Emiliano Acosta (Vrije Universiteit Brussel/Ghent University).

Testi di riferimento

Course attendance is based on the study of essays from different bibliographical sources, therefore the detailed references will be provided during lectures.

Altro materiale didattico

Programmazione del corso

 ArgomentiRiferimenti testi
1The Nature of JurisprudenceStudium 
2Natural Law Theory vs. Legal Positivism Studium 
3Plato’s Discovery of Democracy Studium 
4Plato’s RealpolitikStudium 
5Aristotle’s Theory of the State Studium 
6Hobbes’ Theory of Social Contract Studium 
7Fichte’s Proto-Populism Studium 
8Hegel’s Theory of Recognition Studium 
9Nuremberg Trials Studium 
10The Radbruch formulaStudium 
11Kelsen's Pure Theory of LawStudium 
12The Grundnorm ProblemStudium 
13Hart's Theory of LawStudium 
14The Rule of RecognitionStudium 
15The Case of the Speluncean ExplorersStudium 
16Rules and PrinciplesStudium 
17Legal HermeneuticsStudium 
18Legal Methods of InterpretationStudium 
19The Limits of InterpretationStudium 

Verifica dell'apprendimento


Written test at the end of the course.

Oral examination

The test/exam will be assessed according to the following criteria established by the Board of the Degree Course (September 17, 2018):

  1. Explain the main features of Hans Kelsen’s pure theory of law.
  2. Explain the meaning of the Grundnorm within Kelsen’s theory of law. 

  3. Describe the theoretical principles of the Legal Realism Movement. 

  4. Explain the meaning of the Rule of Recognition within Hart’s theory of law. 

  5. Starting from Dworkin’s critics to Hart’s conception of law, explain the meaning of the distinction 
between principles and rules. 

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