PHILOSOPHY OF LAW A - L

Knowledge and understanding
The lectures are devoted to develop the critical skills of knowledge and analysis of the genesis and of the constructive and functioning modalities of the order of the legal discourse in connection with other scientific fields (ethical, political, economical).
Applying knowledge and understanding
The philosophical analysis on the developments of the structure of modern law could be applied both within the interpretative processes of single norms and within the more general framework of the relationship between society and institutions, for example in relation to the principle of legality, to the protection of fundamental rights and to the relationship between rule of law and democracy.

Frontal classes supported by slides.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

The matter of the course is to analyse the origin, the features and the trends of contemporary law.

1. The origin of modern State

• The “evil” in political and juridical theory
• Law and force
• Law and force in the origin of sovereignty and the modern State
• The “good” in political and juridical theoryLa teoria del “bene” politico
• Law and dialogue
• Contractarian political theory and Constitution

2 . The rule of law

• The imperative theories of law
• The normative theories of law
• The dialogued theory of law and democracy
• The theory of justice
• Nihilism and law
• Human rights and fundamental rights

Books for students who attend the lectures:

S. AMATO, Dentro il diritto, Torino, Giappichelli, 2016 (the last two chapters are excluded) .

Books for students who don’t attend the lectures

S. AMATO, Dentro il diritto, Torino, Giappichelli, 2016, pp. 144

and one of your choise between

F. D'AGOSTINO, Corso breve di filosofia del diritto, Torino, Giappichelli, 2011, pp. 160

A. Andronico, T. Greco, F. Macioce ( a cura di), Dimensioni del diritto, Torino, Giappichelli, 2019) pp. 3-56; 115-177; 249-290; 427-440