General Theory of Law
A.Y. 2024/2025
Learning objectives
The aim of the course is to improve students' capability of comprehension, analysis and critical thinking upon the law in force, and to introduce students to both theoretical and practical skills and abilities, by means of investigating and learning some main legal concepts and their uses and functioning in the domain of law and legal reasoning. In particular, the course will deal with some fundamental concepts such as the concept of norm, legal principles, legal system, validity, sources of law, showing their mutual relations and their effects on some pervasive problems of legal interpretation.
Expected learning outcomes
- Knowledge and understanding of the problems relating to the definitions of the most important legal theoretical concepts, their mutual relations and practical effects
- Ability to apply the tools of conceptual legal analysis to new concepts and issues
- Critical judgment acquired through practical tests
- Development of a communication skill and excellent mastery of legal concepts, acquired through discussions
- Independent learning acquired by managing the main tools of conceptual analysis
- Ability to apply the tools of conceptual legal analysis to new concepts and issues
- Critical judgment acquired through practical tests
- Development of a communication skill and excellent mastery of legal concepts, acquired through discussions
- Independent learning acquired by managing the main tools of conceptual analysis
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-L
Responsible
Lesson period
Second semester
Course syllabus
Objects and methods of general jurisprudence; legal interpretation and its problems; the concepts of provision and norm; the concepts of law; theories of legal norm; the concepts of validity; the concepts of effectiveness and applicability; legal system; coherence and congruence; the problem of legal gaps; the difference between law and morality; the concepts of right; dynamic and static theories of rights; rights and principles.
Prerequisites for admission
There are no specific prerequisites
Teaching methods
Frontal lessons (42 hours) with the use of PowerPoint presentations and active involvement of the students, who will be encouraged during the lesson and at its end to discuss the topics presented and ask questions.
Teaching Resources
For non-attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013;
(2) G. Pino, Diritti e interpretazione, Bologna, Il Mulino, 2010, save for Ch. 2 and 3;
For attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013, pp. 9-147;
(2) M. Ricciardi, A. Rossetti, V. Velluzzi (eds.), Filosofia del diritto: norme, concetti, argomenti, Roma, Carocci, 2015, Ch. 6, 8, 9, 11;
(3) Silides uploaded on the ariel website of the course.
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013;
(2) G. Pino, Diritti e interpretazione, Bologna, Il Mulino, 2010, save for Ch. 2 and 3;
For attending students:
(1) F. Poggi, Concetti teorici fondamentali, Pisa, ETS, 2013, pp. 9-147;
(2) M. Ricciardi, A. Rossetti, V. Velluzzi (eds.), Filosofia del diritto: norme, concetti, argomenti, Roma, Carocci, 2015, Ch. 6, 8, 9, 11;
(3) Silides uploaded on the ariel website of the course.
Assessment methods and Criteria
Oral exam.
Evaluation criteria: exposition quality; ability to organize knowledge; ability to manage the concepts and methods of conceptual analysis and to apply them to new legal problems.
Evaluation criteria: exposition quality; ability to organize knowledge; ability to manage the concepts and methods of conceptual analysis and to apply them to new legal problems.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professors:
Ferraro Francesco, Ricciardi Mario
Shifts:
Surname M-Z
Responsible
Lesson period
Second semester
Course syllabus
Syllabus of lessons (attendance recommended; the chapters of the book will be explained)
1. Introduction to the course.
2. At the roots of law: trust
3. Justice: concept and conceptions
4. Equality (generality, measure, equity)
5. Morality (social and critical): the controversial relations with law and the legal method
6. Dura lex, sed lex. Authority in law
7. Power: its many faces (nomos and ius positum)
8. Democracy
9. Rule of law and perspectives of modern constitutionalism
10. Ubi ius ibi societas? Society and relationship
11. Freedom and its dimensions
12. Institutions, legal order and pluralism
13. Norms. Form and substance of the law
14. Legal validity
15. Fact. Empirical reality and legal qualification
16. Judgment. Intellect and will. Context of discovery and justification
17. Law and Language. Hermeneutic and analytical approaches. Signs, meanings and actions
18. Rhetoric, logic and truth
19. Identity. Modern legal subjectivity and its paradoxes
20. Space (global and local, state sovereignty, the question of state territory)
21. Economics. The legal code of the world?
1. Introduction to the course.
2. At the roots of law: trust
3. Justice: concept and conceptions
4. Equality (generality, measure, equity)
5. Morality (social and critical): the controversial relations with law and the legal method
6. Dura lex, sed lex. Authority in law
7. Power: its many faces (nomos and ius positum)
8. Democracy
9. Rule of law and perspectives of modern constitutionalism
10. Ubi ius ibi societas? Society and relationship
11. Freedom and its dimensions
12. Institutions, legal order and pluralism
13. Norms. Form and substance of the law
14. Legal validity
15. Fact. Empirical reality and legal qualification
16. Judgment. Intellect and will. Context of discovery and justification
17. Law and Language. Hermeneutic and analytical approaches. Signs, meanings and actions
18. Rhetoric, logic and truth
19. Identity. Modern legal subjectivity and its paradoxes
20. Space (global and local, state sovereignty, the question of state territory)
21. Economics. The legal code of the world?
Prerequisites for admission
Preparatory courses: as per Regulation of the course degrees. In particular, Private Law Institutions and Constitutional Law are considered as preparatory courses.
Teaching methods
The course takes the form of face-to-face classes, but the active participation of students is always encouraged and fostered, as the discussion among them and with the professor. In particular, the second part of the course, which will be devoted to the analysis of jurisprudence and case law, will have a practical and interactive approach and therefore proactive participation by students is strongly recommended.
Teaching Resources
Dimensioni del diritto edited by Andronico Alberto, Greco Tommaso, Macioce Fabio, Giappichelli, Torino ed. 2019 ISBN 9788892130494. All attending and non-attending students, without distinction, must prepare the exam by studying all the chapters of the book excluding the premise and up to p. 368 + pp. 399-425.
Assessment methods and Criteria
Method of Grading: The final examination at the end of the course will be oral and the grade will be 18-30/30 cum laude. Assessment criteria are the correctness and consistency of the subject matter, clarity of language and argumentation, and the ability to analyze and think critically.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor:
Zorzetto Silvia
Shifts:
Turno
Professor:
Zorzetto SilviaProfessor(s)
Reception:
Every day subject to previous appointment by email required
Department / OnLine Teams or by other Platform up to Students' request