GENERAL THEORY OF LAW

Knowledge and understanding

By means of the reading key of the relationship between factual reality and legal reality, students will acquire a critical consciousness and an advanced theoretical knowledge that allow them to develop a good learning skill of the main modern and contemporary conceptions of law.

Skill applying knowledge and understanding

By virtue of a seminarial didactic, students will develop logical-conceptual skills necessary in order to organize legal discourses with the supports of the key concepts of general theory of law and, in addition, they will be ready to understand critically the crisis of the classic legal order due to political, social and institutional destructing features.

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.

This course deals with Hartian and post-Hartian legal positivism. Within this framework, different versions of the theory of legal science and issues related to theory of norm and legal order will be discussed in detail. A particular attention will be devoted to legal hermeneutics and to theories of legal argumentation.

For students that will not attend the lectures:

A) H. HART, Il concetto di diritto, Einaudi, Torino, 2002, pp. 1-181

and

B) D. CANALE, G. TUZET, La giustificazione della decisione giudiziale, Giappichelli, Torino 2019, pp. 3-151.

For students attending the lectures:

The textbook information will be given during the first lecture.