B6443 - Theories and Practices of Rights (1) (LM)

Learning outcomes

The course is focused on the in-depth study of the most significant theories of rights and justice in the international philosophical panorama. The perspective is aimed at the applicative dimension with specific reference to some of the most urgent legal and moral problems of the contemporary world (open questions of bioethics, biolaw or, more generally, of fairness).

Course contents

Human Rights and Their Enemies. History, Critique and Justification

Subjective rights, natural rights, rights of men, fundamental rights, moral rights: each of these notions approaches, without overlapping, that of human rights, one of the most debated and controversial in the philosophical-legal vocabulary.

After a historical-conceptual excursus, the course Human Rights and Their Enemies. History, critique and justification will focus on the «double face» of human rights, i.e. their simultaneously moral and legal nature, which justifies their inviolability on the one hand and their enforceability on the other. 

In this way, reflection will turn to questions of fundamental theoretical scope, which call into question the problem of the foundation, universalism, regionalisation, the proliferation of rights and their new frontiers. Particular attention will be devoted to some of the main critical perspectives, from the legal positivist to the historicist and realist ones, to which a proposal of justification will be opposed. The latter will finally bring out the very close link between human rights and normative equality.

Readings/Bibliography

Bibliography (compulsory examination texts):

1. V. Ferrone, Storia dei diritti dell’uomo, Laterza, Roma-Bari, 2014, parte I: capp. 1, 2, 3, 4, 5, 6, 7; parte II: capp. 2, 3.

2. N. Bobbio, L’età dei diritti, Einaudi, Torino, 1990 (o successive ristampe).

3. J. Hersch, I diritti umani dal punto di vista filosofico (2000), a cura di F. De Vecchi, Mondadori, Milano, 2008.

4. L. Ferrajoli, Manifesto per l’uguaglianza, Laterza, Roma-Bari, n.e. 2018, capp. 1, 2, 3, 4.

 

Attending students must supplement their bibliography with lecture notes.

Non-attending students must supplement the bibliography with one of the following texts:

- M. Flores, Storia dei diritti umani, Il Mulino, Bologna, 2023, capp. 1, 2, 6, 7.

- A. Cassese, I diritti umani oggi, Laterza, Roma-Bari, 2005, capp. 3, 4, 5, 6, 7, 8.

- S. Rodotà, Il diritto di avere diritti, Laterza, Roma-Bari, 2012, capp. 1, 2, 3, 5, 6.

- C. MacKinnon, Le donne sono umane?, Laterza, Roma-Bari, 2012, capp. 1, 2, 3, 7, 8, 9.

 

Legal references (full texts available on the Platform Virtuale):

- Declaration of the Rights of Man and of the Citizen, 1789

- Universal Declaration of Human Rights, 1948

- European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), 1950

- Charter of Fundamental Rights of the European Union (Nice Charter), 2000

- Constitution of the Italian Republic, 1948

 

Teaching methods

All lessons will take place exclusively in person and will be recorded. Both attending and non-attending students will be able to view the recordings of the lessons, which will be available in a Team created and managed by the teacher. The recordings can be intended as learning support material.

Lessons will be held in the second semester, 3rd cicle. Any calendar changes will be communicated by the teacher and will be indicated with a notice on the platform Virtuale.

During the course, a seminar lesson will take place. Further details will be provided closer to the date.

Exam sessions’ dates will be made available on Alma Esami.

For any need or doubt relating to the course, please contact serena.vantin3@unibo.it

Assessment methods

Both for attending and non-attending students, knowledge will be tested through an oral examination.

"Attending" are those students who regularly participate in face-to-face lessons.

"Non-attending" are those students who do not regularly participate in face-to-face lessons.

Attendance signatures will not be collected during the lessons. Displaying the recordings of the lessons is not relevant for the purpose of being considered as an attending student.

The assessment will take into account the following verification criteria:

1. knowledge and ability to understand specific issues;

2. ability to apply knowledge, through the examination of specific topics;

3. autonomy of judgment, or the ability to re-elaborate information independently and personally;

4. communication skills, starting from the ability to communicate ideas and problems with a proper language and a good articulation of thought;

5. learning skills, i.e. correct acquisition of tools and critical judgment skills on complex concerns.

The purpose of the oral exam is to verify the student's ability to apply his or her own knowledge and to make the necessary logical-deductive connections.

Graduation of the final grade:

- Preparation on a very limited number of topics covered in the course and analytical skills that emerge only with the help of the teacher, expression in overall correct language → 18-19;

- Preparation on a limited number of topics covered in the course and autonomous analysis skills only on purely executive issues, expression in correct language → 20-24;

- Knowledge of a large number of topics addressed in the course, ability to make independent choices of critical analysis, mastery of specific terminology → 25-29;

- Substantially exhaustive preparation on the topics addressed in the course, ability to make independent choices of critical analysis and connections, full mastery of the specific terminology and ability to argue and self-reflect → 30-30L.

People with disabilities or specific learning disorders are entitled to special adaptations in relation to their condition, subject to evaluation by the University Service for students with disabilities and DSA. Please do not contact the teacher but the Service for an appointment. The Service will be responsible for establishing which adaptations are appropriate. More information on the webpage <site.unibo.it/studenti-con-disabilita-e-dsa/it/per-studenti >.

Teaching tools

For the benefit of (attending and non-attending) students, both the slides and the recordings of the lessons will be made available.

Office hours

See the website of Serena Vantin