95674 - Philosophy of Law (LM)

Learning outcomes

This Course aims to provide students with specific themes and problems within the present philosophical debate on law, among them the relationship between law and morality, human rights, the tension between law and violence, the source and structure of intentional forms of social violence. With regard to this context of discussion, the Course intends to promote a competent and critical way of thinking

Course contents

FORMS OF JUSTICE

Forms of Justice will be a course devoted to the different declinations that the notion of justice takes in philosophical reflection. The aim of the course will be to foster and stimulate critical understanding of open questions concerning inequity, violence and socio-political oppression within a single state, in inter-state relations and in the process of forming a democratic society.

Against the backdrop of an indispensable historical and doctrinal-historical contextualization, decisive theoretical junctures in the philosophical debate on justice will be addressed in lectures, including through commentary on key passages from works by classic authors such as John Rawls, Cesare Beccaria, Gustav Radbruch and Hans Kelsen. The lectures will try to clarify the main conceptual distinctions concerning the topic of justice that are present in the current theoretical debate.

In particular the ideas of procedural justice, distributive justice, criminal justice, international justice and transitional justice will be presented and discussed in class.

Timetable of lessons: Wednesday, Thursday, Friday - 11 am - 1 pm: Aula IV Zamboni street, n° 38.

Beginning of the Course: I Semester - September, 18 2024.

Student Reception: Wednesday at 3.00 pm, unless otherwise stated and reported in the news online.

Readings/Bibliography

§ Textbooks (compulsory for all students):

Will Kymlicka, Introduzione alla filosofia politica contemporanea, Feltrinelli, Milan 2000, chap. 1-3 § 1.2, p. 119.

Luigi Ferrajoli, Il paradigma garantista. Filosofia e critica del diritto penale, Naples, Editoriale Scientifica, 2016, Part I.

Pier Paolo Portinaro, I conti con il passato. Vendetta, amnistia, giustizia, Feltrinelli, Milan 2011.

Antonio Cassese, I diritti umani oggi, Laterza, Rome-Bari 2019.

 

One book among the following:

John Rawls, A Theory of Justice, 1971, chap. 1-3 § 25, p. 135.

Cesare Beccaria, Dei delitti e delle pene, Feltrinelli, Milan 2014.

Gustav Radbruch, Diritto e no. Tre scritti, Mimesis, Milan-Udine 2022.

Hans Kelsen, Peace through Law, 1944.

 

Non-attending students can usefully consult the text:

Pier Paolo Portinaro, La giustizia introvabile, Celid, Turin 2012.

Alternatively:

Sebastiano Maffettone e Salvatore Veca, L’idea di giustizia da Platone a Rawls, Laterza, Rome-Bari 2008.

 

§ Optional seminar activities will be offered by the Course

The Schedule of the events will be given at the beginning of the course.

Teaching methods

§ Lectures, seminars and discussion on bioethical themes.

Interdisciplinary seminars will be hold by experts working in the field.

§ Lessons will be recorded (but not necessary in real time) and made available by accessing ad hoc virtual teams-classroom. Access is possible through the unibo institutional credentials at the link present from September on the virtual materials of the Course.

Assessment methods

Final oral examination. Room 5.01 (str. Zamboni 38). On September there will be an examination schedule.

Evaluating criteria:

Expertise; practical reasoning ability; critical competence.

On the basis of these three main parameters it will be formalised in an evaluation expressed in thirtieths, which may vary according to the full range of available grades.

Notes:

18-21/30 basic level

22-25/30 moderate level

26-28/30 good level

29-30/30 excellent level.

Students with disabilities and Specific Learning Disorders (SLD)Students with disabilities or Specific Learning Disorders have the right to special accommodations according to their condition, following an assessment by the Service for Students with Disabilities and SLD. Please do not contact the teacher but get in touch with the Service directly to schedule an appointment. It will be the responsibility of the Service to determine the appropriate adaptations. For more information, visit the page:
https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students

Teaching tools

www.studiperlapace.it

https://www.treccani.it/enciclopedia/elenco-opere/Enciclopedia_delle_scienze_sociali/

https://plato.stanford.edu/

Office hours

See the website of Marina Lalatta Costerbosa