The course aims in general to present legal philosophical thought  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) knowledge and understanding of sufficiently deepened philosophical theories to develop, on the one hand, an autonomous critical capacity in observing juridical phenomena, escaping ideological simplifications that accompany the evaluation of, and, on the other hand, an adequate cultural sensitivity and methodological useful to approach the complex contexts of relational life that the law is called to regulate  (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

The final grade will be given by an oral exam.

Here below the evaluation criteria

• 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

Attending students will be able, at their option, to partecipate to 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 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 oral modality.

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

The final grade will be given by an oral exam.

Here below the evaluation criteria

• 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

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 texts provided for the exam may be in English at the request of the student.

Based on the progress of the ongoing Covid19 pandemic, the methods of assessment may vary. However, the evaluation criteria will not be changed. Changes in the examination procedures will be duly communicated via blended.