LEGAL THEORY

The course is divided into two parts: the first one (“general part”) is dedicated to the examination of the fundamental concepts of the discipline and of the main currents of thought; the second one ("special part") instead deals to dwell on the dilemmas of law and, especially, on the problematic relationship between law and morality. The lectures on “Heraclitus, Al-Farabi and Wollstonecraft: on the Concept of Law” will be held by Professor Emiliano Acosta (Vrije Universiteit Brussel/Ghent University).

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.

Learning assessment may also be carried out on line, should the conditions require it.

1. Preliminary questions

2. The origins of law

3. The rise and fall of natural law theory

4. Legal positivism

5. Legal realism

6. Radbruch’s formula

7. Heraclitus’ concept of law

8. Al-Farabi’s concept of law

9. Wollstonecraft’s concept of law

10. Kelsen versus Schmitt?

11. Hart’s concept of law

12. Hart-Fuller debate

13. Dworkin’s Interpretivism

14. The Case of the Speluncean Explorers

15 The new frontiers of law

The course material consists of powerpoint presentations, articles and readings from textbooks and scientific journals provided by the teacher.