00385 - Philosophy of Law (A-C)

Course contents

The course will provide a theoretical and historical introduction to the main issues and approaches in legal philosophy. The focus will be on (a) fundamental questions concerning the nature and application of the law - what the law is - and (b) the different answers provided to such questions by different theories.

Against this background and in light of legal cases, the final part of the course will provide an appraisal of (c) central normative questions related to what the law should be:

 

(a)

The law and the sources of the law

Types of legal norms

Legal systems

The distinctive features of law

Validity, efficacy and justifice of legal norms

The concept of law and morality

Language, legal interpretation and legal reasoning

 

(b)

Natural Law Theory

Legal Postiivism

Legal Realism

Neo-constitutionalism

 

(c)

Obedience to the law

Legal paternalism

Justification of legal punishment

Readings/Bibliography

------ Attending Students

a) Argomenti di teoria del diritto. Materiali per gli studenti, Giappichelli, Torino, 2016.

b) C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, Torino, 2014 (new ed. with an appendix which is a part of the program).

c) G. Bongiovanni, G. Pino, C. Roversi (a cura di), Che cosa è il diritto. Ontologie e concezioni del giuridico, Giappichelli, Torino, 2016 (i seguenti saggi: G. Pino, Diritto e morale; G. Zaccaria, Il diritto come pratica interpretativa: Ronald Dworkin e l'ermeneutica; A. Schiavello, Diritto e convenzionalismo; C. Valentini, I Critical Legal Studies e l'ontologia del diritto).

d) H.L.A. Hart, Il concetto di diritto, Einaudi, 2002, chapters 1, 2, 3, 4, 5, 6, 9..

e) Students can attend a semiinar titled "Etica e politica nella prospettiva degli studi di genere" (in the first semester), coordinated by Carla Faralli and Raffaella Lamberti, which awards an extra 3 credits (for students certifying attendance).

Students attending this seminar and studying the assigned readings, will not be required to study the readings listed under c). Details in this regard will be given during the course.

 

----- Non-attending Students

a) Argomenti di teoria del diritto. Materiali per gli studenti, Giappichelli, Torino, 2016.

b) C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, Torino, 2014 (new ed. with an appendix which is a constitutive part of the program).

c) H. L. A. Hart, The Concept of Law (with a Postscript), Oxford, Oxford University Press, chapeters 1,2,3,4,5,6,9.

d) Six chapters to be selected from the following:

G. Fassò, Storia della filosofia del diritto, vol. 1 (Rome and Bari: Laterza, 2001).

G. Fassò, Storia della filosofia del diritto, vol. 2 (Rome and Bari: Laterza, 2001).

G. Fassò, Storia della filosofia del diritto, vol. 3 (Rome and Bari: Laterza, 2001)

or, in alternative:

A. Rotolo, Perché il diritto è una convenzione? Il gioco delle norme e il suo linguaggio, Giappichelli, Torino, 2nd ed., 2017.

 

----- For students who are behind schedule with their exams and who are enrolled in the five-year programme in Giurisprudenza (Magistrale),the four-year programme in Giurisprudenza (vecchio or nuovo ordinamento), in the three-year programme in Scienze giuridiche, or in the two-year Laurea Specialistica in Giurisprudenza:

They can opt for the readings required for non-attending students in the current academic year, or the readings assigned for non-attending students in the academic year in which they registered. Any changes must be made in agreement with the professor.

 

----- For students who require a supplement of credits CFU for Philosophy of Law:

1-2 credits: H.L.A. Hart, The Concept of Law, any edition, chapters 1 through 3.

3-4 credits: H.L.A. Hart, The Concept of Law, any edition, chapters 1 through 6.

5 credits: H.L.A. Hart, The Concept of Law, any edition, the whole book (but not the Postscript).

 

----- Erasmus Students

a) Argomenti di teoria del diritto. Materiali per gli studenti, Giappichelli, Torino, 2016.

b) C. Faralli, Le grandi correnti della filosofia del diritto, Giappichelli, Torino, 2014 (new ed. with an appendix which is a constitutive part of the program).

In addition, the student has to choose one of the following books:

- H. Kelsen, Introduction to the Problems of Legal Theory, Oxford, Clarendon Press, 1992.

- H. L. A. Hart, The Concept of Law (with a Postscript), Oxford, Oxford University Press, 2012.

- J. J. Moreso, J. M. Vilajosana, Introducción a la teoría del derecho, Marcial Pons, Madrid-Barcelona, 2004.

Teaching methods

The lectures will cover course contents and include the discussion and critical analysis of selected readings and judicial decisions in class. Further information about the course will be provided in class and published online.

This is a first-semester course. Please check the website www.giuri.unibo.it for the room and the weekly schedule of the lectures.

Assessment methods

The evaluation will consist of an oral exam intended to test not only the students' knowledge of the main developments of the history of legal philosophy up to the contemporary debate, but also their understanding of the complex theoretical issues discussed during the course. Hence, the exam will not necessarily dwell on specific textual passages but will rather test the students' ability to argue a philosophical thesis and understand the problems connected to it. Normally, the oral examination consists of a series of questions on the texts of the course, and the final grade is the result of an average of the results of the answers to these questions. When students achieve an organic view of the issues addressed in lectures, demonstrating a mastery of the specific terminology and conceptual framework of the discipline, they will be assessed with marks of excellence. Lack of concision and the usage of language and terminology which are not always appropriate will lead to a fair evaluation; knowledge gaps and inappropriate language - although in a context of acceptable knowledge - will not go beyond the grade threshold “sufficient”. Knowledge gaps (such as to have ignored some of the texts in the program for the course), inappropriate language, and lack of any overall view of the basic issues discussed in textbooks and during the course that will lead to an insufficient assessment.

Students registering for the exam must so do using the University's Almaesami computer network.

Students will be recognized as having attended the course in the current academic year only if they come to the exam with their personal attendance sheet: this sheet can be downloaded from the Web and will have to be filled out and signed, showing each of the lectures that have been attended. Attending students are required to attend at least 2/3 of the lectures, corresponding to 40 hours, and will be tested on the specific content of lectures shown on the attendance sheet.

The attendance sheet will be valid up to and including December 2020 exam session. Students will be able to take the exam starting in January 2020. There are no prerequisites that need to be satisfied for eligibility to take this exam.

Teaching tools

Slides and handouts summarizing the course contents; discussion and critical analysis of selected readings and judicial decisions in class; use of online platforms to access and exchange information about the course.

All information relative to the course, along with any course material, will be available online at https://iol.unibo.it/ oppure su https://www.unibo.it/sitoweb/c.valentini

Students with learning disorders or other impairments who need special aids can point that out to the professor, who will make appropriate arrangements.

 

THESIS

Students planning to write a dissertation on any contents or issues covered in the course are recommended to include one or more of the following courses in their curriculum depending on their interests:

• Theory of Law and Justice;
• Logic and Legal Reasoning;
• Sociology of Law;
• Applied Ethics: Bioethics and Professional Ethics.

Office hours

See the website of Chiara Valentini