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 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 anda contemporary society, with a focus on new theories of philosophy of law and general philosophy.

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

The teaching materials prepared in addition to the recommended texts (e.g. slides, documents, bibliography) and the lecturer's communications can be found on the blended teaching page.

On request, the teacher will prepare individualized support activities.

Attending students will be able,  to partecipate to an in itinere test, which will take place a the end of the lessons. This intermediate verification, as a self verification, aims at testing the progress in learning and to experiment contents of the exam. 

Teaching

Lectures, Working class.

Attendance

Compulsory course attendance is not required, but active participation in the lessons is strongly recommended. 

Course books

Compulsory Course Texts:

• C. Faralli, Le grandi correnti della filosofia del diritto. Dai Greci alle prospettive contemporanee, Giappichelli, Torino, 2022

One reading among:

• L. Ferrajoli, Per una Costituzione della Terra. L'umanità al bivio, Feltrinelli, Milano 2022
• B.-C. Han, La società senza dolore. Perché abbiamo bandito la sofferenza dalle nostre vite, Einaudi, Torino 2020
• B.-C. Han, Le non cose. Come abbiamo smesso di vivere il reale, Einaudi, Torino 2020

Assessment

For the purpose of ascertaining readiness, the student will be required to take an oral interview.  Mastery of the discipline will be assessed on the basis of the expected learning outcomes summarized in the following dimensions: 1) knowledge and understanding; 2) ability to make connections and proceed in learning with autonomy and critical sense; 3) ability to communicate the acquired knowledge correctly and to convincingly support argumentative comparison. 

The expected results will be assessed through the following descriptors:

Descriptor Level 1 (insufficient) (less than 18): dimension 1 "Roughly description of content, poor knowledge and understanding"; dimension 2 "Insufficient ability to connect arguments and maturation of critical sense"; dimension 3 "Inadequate language, inability to sustain comparison."

Descriptor Level 2 (sufficient-more than sufficient) (19-23): dimension 1 "Description of topics and categories with some inaccuracy. Scarce references to authors; sufficient understanding"; dimension 2 "Sufficient ability to connect and maturation of independent thinking and critical sense"; dimension 3 "Demonstrates limited ability to express and use philosophical vocabulary" .

Descriptor Level 3 (good-discreet) (24-27): dimension 1 "Accurate description the conceptual constructs. Citation of reference authors; good understanding"; dimension 2 "Good ability to connect and elaborate independent thinking and critical sense"; dimension 3 "Good ability to express and use some philosophical terms."

Descriptor Level 4 (excellent- excellent) (28-30L): dimension 1 "Description in a systematic way of the arguments with reference to the contributions of different authors; full understanding"; dimension 2 "Excellent ability to link and elaboration of autonomous thinking and critical sense"; dimension 3 "Full mastery of philosophical language, and ability to argue".

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. Dai Greci alle prospettive contemporanee, Giappichelli, Torino, 2022

One reading among:

• L. Ferrajoli, Per una Costituzione della Terra. L'umanità al bivio, Feltrinelli, Milano 2022
• B.-C. Han, La società senza dolore. Perché abbiamo bandito la sofferenza dalle nostre vite, Einaudi, Torino 2020
• B.-C. Han, Le non cose. Come abbiamo smesso di vivere il reale, Einaudi, Torino 2020

Assessment

For the purpose of ascertaining readiness, the student will be required to take an oral interview.  Mastery of the discipline will be assessed on the basis of the expected learning outcomes summarized in the following dimensions: 1) knowledge and understanding; 2) ability to make connections and proceed in learning with autonomy and critical sense; 3) ability to communicate the acquired knowledge correctly and to convincingly support argumentative comparison. 

The expected results will be assessed through the following descriptors:

Descriptor Level 1 (insufficient) (less than 18): dimension 1 "Roughly description of content, poor knowledge and understanding"; dimension 2 "Insufficient ability to connect arguments and maturation of critical sense"; dimension 3 "Inadequate language, inability to sustain comparison."

Descriptor Level 2 (sufficient-more than sufficient) (19-23): dimension 1 "Description of topics and categories with some inaccuracy. Scarce references to authors; sufficient understanding"; dimension 2 "Sufficient ability to connect and maturation of independent thinking and critical sense"; dimension 3 "Demonstrates limited ability to express and use philosophical vocabulary" .

Descriptor Level 3 (good-discreet) (24-27): dimension 1 "Accurate description the conceptual constructs. Citation of reference authors; good understanding"; dimension 2 "Good ability to connect and elaborate independent thinking and critical sense"; dimension 3 "Good ability to express and use some philosophical terms."

Descriptor Level 3 (excellent- excellent) (28-30L): dimension 1 "Description in a systematic way of the arguments with reference to the contributions of different authors; full understanding"; dimension 2 "Excellent ability to link and elaboration of autonomous thinking and critical sense"; dimension 3 "Full mastery of philosophical language, and ability to argue".

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.

English-language examination texts may be given at the student's request.