LEGAL THEORY

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.

Frontal classes supported by slides.

There are no prerequisites.

Highly recommended.

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).

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

http://studium.unict.it/dokeos/2018/

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):

• aptness of answers
• quality and comprehension of the syllabus
• ability to link different topics of the syllabus
• ability to show examples
• use of jargon and terms of art
• general communicative skills
• familiarity with legal texts

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.