Philosophy of Law and Legal Information Technology

A.Y. 2024/2025
9
Max ECTS
63
Overall hours
SSD
IUS/20
Language
Italian
Learning objectives
Philosophy of law: - Knowledge of the fundamental concepts of legal theory, acquaintance with the main theories of law and of with the state of the art with respect to ongoing academic debate; - Ability to rework the topics covered in the lessons and to apply theoretical knowledge to concrete situations; - Use of appropriate language in the presentation of problems and in the argumentation for or against a certain choice.

Legal informatics: - 1. Knowledge and understanding The course aims to provide students of sociology of law and philosophy of law with a correct approach to the use of technologies by the jurist ("Legal informatics"), with particular attention to practical use computer and networking for professional purposes, in court, in the typical activity of a law firm or notary, for the corporate lawyer and an understanding of IT-legal issues. Attention will also be devoted to IT-legal issues related to philosophical and sociological problems. 2. Application of knowledge and understanding The acquired notions will be of immediate theoretical and practical use to improve the relationship between the user and the technologies used, and will allow a more accurate understanding of all aspects of a constantly evolving field, especially from a sociological and philosophical point of view. 3. Formulation of judgments The Course will provide students with the ability to choose at any time the correct use of the technologies and the environment in which they will operate, with independent evaluation approaches (and not necessarily linked to the product or software "most used" ") And with constant practical attention to a use of technologies that is useful in the future professional context. 4. Communication skills The course will give students the opportunity to present complex technological and IT-legal issues with language properties and with clarity. 5. Learning skills The course aims to provide students with a concrete improvement in their IT-legal skills with a very rapid learning curve and with the possibility of immediately using the notions learned, even outside the university context.
Expected learning outcomes
Philosophy of law: At the end of the course, the student will be familiar with the main issues of legal theory, and learned adequate argumentative skills at a conceptual level and also acquired skills necessary for a deeper understanding of the philosophical dimension of the main regulatory problems in law.

Legal informatics: At the end of the course the student who has successfully learned the subject will have an in-depth knowledge of the course topics, with the acquisition of a reasoning method suitable for dealing with more specific and complex IT-legal issues than the institutional notions.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
First semester
Course syllabus
Philosophy of Law:
1. Presentation of the course. Overview, objectives and method
2. Philosophy of law: general theory of law and conceptual analysis
3. H.L.A. Hart and legal positivism
4. Hans Kelsen's pure theory of law
5. The theory of natural law and John Finnis
6. Lon L. Fuller: A contemporary version of naturalism and the legal process
7. Ronald Dworkin's interpretative approach
8. Fundamental legal concepts. Issues and problems.
9. Justice
10. The penalty
11. Rights and speech on rights
12. Will and reason
13. Authority, intention and error
14. The application of morality through law
15. On obedience to the law
16. Interpretation of law and intention of the legislator
17. The philosophical basis of Common Law
18. The reasoning of the Common Law and the previous
19. Current orientations and "post-modern" critical perspectives
20. Legal realism
21. The Economic Analysis of Law
Lessons will consist in explaining the chapters of the book (see Materials). Attendance is recommended.

Legal Informatics:
The Course aims to present an approach to the proper use of technologies by the jurist, in order to significantly improve students' legal-computer skills and to enable independent evaluative procedures useful in the future professional context.
Program:
1. The technological society, sensors and law, technological control and liquid surveillance
2. The rights of information technology and the violation of rights
3. The legal regulation of information technology
4. European Union, the digital society and law
5. Cyber threats and cybersecurity
6. The jurist of the future and legal informatics
7. Legal tech and legal design
8. The regulation of artificial intelligence
9. Digital minors and family tech
10. Technological crime.
Prerequisites for admission
This is an introductory course to some fundamental legal and legal-philosophical concepts. No previous knowledge of law or philosophy is required.

The same holds for the Legal Informatics section of the course.
Teaching methods
Philosophy of law: frontal lessons (42 hours) with 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
Teoria del diritto. Idee e contesti, a cura di Porciello Andrea. Autore Bix Brian H. ISBN 9788892105249, ed. 2016 Editore Giappichelli Torino. Attending and non-attending students, without distinction, must prepare the exam by studying all the chapters of the book, excluding chap. 20, the prefaces and the afterword.

Legal Informatics:
G. Ziccardi, Diritti digitali - Informatica Giuridica per le nuove professioni, Raffello Cortina, 2022.
Assessment methods and Criteria
Philosophy of law: the final exam takes place in oral form in exam sessions, with a question consisting of at least three questions on three different parts of the program. This applies to both attending and non-attending students. There are no intermediate tests.
Filosofia del diritto
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor: Zorzetto Silvia
Shifts:
Turno
Professor: Zorzetto Silvia
Informatica Giuridica
IUS/20 - PHILOSOPHY OF LAW - University credits: 3
Lessons: 21 hours
Professor: Ziccardi Giovanni
Shifts:
Turno
Professor: Ziccardi Giovanni
Professor(s)
Reception:
thursday 10:30 - 11:30 (send an email to [email protected])
Dipartimento "Cesare Beccaria"
Reception:
Every day subject to previous appointment by email required
Department / OnLine Teams or by other Platform up to Students' request