The course focuses on the acquisition of advanced skills in the observation and critical analysis of the legal phenomenon, and on the understanding necessity and function of law in the context of human relations, starting from a historical reconstruction of the main theories of philosophy of law.

The specific aim consists in introducing students to the problematic relationship between legal rule and ethical pluralism in the complex contexts of contemporary society.

The program is divided into two parts.

The first part is dedicated to the historical framing of the philosophy of law, through the reconstruction of the main philosophical currents: natural law theories, legal positivism, and anti formalist movements.

The second part is aimed at the relationship between law, morals, and ethics, having as its objective the problematization of practical conflicts: the cases in which the plurality of moral orientations clashes with the selective necessity of the rule and the juridical decision.

There is no obligation of prerequisites to access the course. 

Learning outcomes:

a) obtain basic skills for the development of ideas and original applications in the philosophical and sociological research context, beginning with the acquisition of appropriate cultural sensitivity and an adequate methodology to develop an autonomous critic ability with the aim to observe the cultural phenomena (Knowledge and understanding);

b) demonstrate the ability to solve theoretical and applied problems in interdisciplinary contexts relating to the fields listed above, including through participation in workshops and study groups (Applying knowledge patience and understanding);

c) demonstrate the ability to integrate their own knowledge and making judgments in theoretical situations or complex practices relating to the areas listed above, which will be expressed through active participation in discussions with the teacher and among students themselves, in particular during workshops and seminars (Making judgments);

d) demonstrate the ability to communicate the acquired knowledge in a clear, essential and scientifically correct shape (Communication);

e) demonstrate the ability to develop their own learning with autonomy and critical sense. This ability will be encouraged during the entire course by the teacher and will be evaluated on examination (Learning skills).

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

On request, the teacher will prepare individualized support activities.

Teaching

Lectures, Working class.

Attendance

Compulsory course attendance is not required, but active participation in the lessons is strongly recommended. It should be noted that those who will attend the Philosophy of Law course for at least 46 hours have access to the intermediate assessment scheduled at the end of the lessons.

Course books

Compulsory Course Texts:

• C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, Torino, 2014 (ed. 2), capp. 1, 2, 3 e Conclusioni (pp. 1-132)
• D. Canale, Conflitti pratici. Quando il diritto diventa immorale, Laterza, Roma-Bari 2019 (ed.4)

Optional Readings:

• R. Bodei-G. Giorello-M. Marzano-S. Veca, Le virtù cardinali, Laterza, Roma-Bari 2018 (ed.2)
• Appendice antologica a cura di Corrado Roversi (pp. 137-302), in C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, Torino, 2014 (ed. 2)

Assessment

For the purpose of ascertaining the preparation, the student must take an oral test preceded by a compulsory and selective written test consisting of a test concerning the topics of the course of study. The written test aims to ascertain knowledge skills. The oral test aims to ascertain comprehension skills, ability to communicate and apply the knowledge acquired with autonomous judgment.

The written test is structured in 30 multiple choice questions and must be done within 40 minutes, in the first hour reserved for the exam session. Those who will pass the test will be admitted to the oral exam consisting, subject to exceptions, just in a question. The oral tests will take place after the correction and the communication of the written test results.

Here below the calculation criteria for the written test

• less than 15 correct answers: non-admission to the oral exam -  skill level not enough
• from 16 to 18 correct answers: admission to the oral exam with a vote of 18 - skill level not enough
• from 19 to 20 correct answers: admission to the oral test with a vote of 19 and 20 respectively - skill level  enough
• from 21 to 23 correct answers: admission to the oral test with a vote of 21, 22 and 23 respectively - skill level satisfactory
• from 24 to 26 correct answers: admission to the oral test with the vote of 24, 25 and 26 respectively - skill level good
• from 27 to 29 correct answers: admission to the oral test with the vote of 27, 28 and 29 respectively -  skill level very good
• 30 correct answers: admission to the oral exam with a grade of 30 - skill level excellent

Here below the calculation criteria for the oral test

• less than 18: skill level not enough
• 18-20: skill level enough
• 21-23: skill level satisfactory
• 24-26: skill level good
• 27-29: skill level very good
• 30-30 with honors: skill level excellent

The final grade will be given by an overall evaluation which will take into account both the written and oral exam.

Attending students will be able, at their option, to anticipate the written test by the way of an intermediate test, which will take place at least one week after the end of the lessons, whose date will be agreed within the first month of the course. This intermediate verification aims mainly at testing the progress in learning and to experiment contents and methods of the exam. In case of a positive outcome, the student will be able to use it, integrating the evaluation obtained with the oral test he will have to take during the official exam. In any case, the student can choose not to avail himself of the intermediate verification or of the outcomes of the test and to support the entire exam in the modalities provided for not attending students.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

Non-attending students are required to complete all the parts scheduled through the individual study.

Attendance

The study of the required texts must be thorough and aim at achieving the expected learning outcomes.

The expected individual study is at least 225 hours, or 25 hours per CFU.

Course books

Compulsory Course Texts:

• C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, Torino, 2014 (ed. 2), capp. 1, 2, 3 e Conclusioni (pp. 1-132)
• D. Canale, Conflitti pratici. Quando il diritto diventa immorale, Laterza, Roma-Bari 2019 (ed.4)

Optional Readings:

• R. Bodei-G. Giorello-M. Marzano-S. Veca, Le virtù cardinali, Laterza, Roma-Bari 2018 (ed.2)
• Appendice antologica a cura di Corrado Roversi (pp. 137-302), in C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, Torino, 2014 (ed. 2)

Assessment

For the purpose of ascertaining the preparation, the student must take an oral test preceded by a compulsory and selective written test consisting of a test concerning the topics of the course of study. The written test aims to ascertain knowledge and comprehension skills. The oral test aims to ascertain the ability to communicate and apply the knowledge acquired with reference to practical contexts and to the autonomy of judgment.

The written test is structured in 30 multiple choice questions and must be done within 40 minutes, in the first hour reserved for the exam session. Those who will pass the test will be admitted to the oral exam consisting, subject to exceptions, just in a question. The oral tests will take place after the correction and the communication of the written test results.

Here below the calculation criteria for the written test

• less than 15 correct answers: non-admission to the oral exam -  skill level not enough
• from 16 to 18 correct answers: admission to the oral exam with a vote of 18 - skill level not enough
• from 19 to 20 correct answers: admission to the oral test with a vote of 19 and 20 respectively - skill level  enough
• from 21 to 23 correct answers: admission to the oral test with a vote of 21, 22 and 23 respectively - skill level satisfactory
• from 24 to 26 correct answers: admission to the oral test with the vote of 24, 25 and 26 respectively - skill level good
• from 27 to 29 correct answers: admission to the oral test with the vote of 27, 28 and 29 respectively -  skill level very good
• 30 correct answers: admission to the oral exam with a grade of 30 - skill level excellent

Here below the calculation criteria for the oral test

• less than 18: skill level not enough
• 18-20: skill level enough
• 21-23: skill level satisfactory
• 24-26: skill level good
• 27-29: skill level very good
• 30-30 with honors: skill level excellent

The final grade will be given by an overall evaluation which will take into account both the written and oral exam.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

The student can request to sit the final exam in English with an alternative bibliography.