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B019335 - HISTORY AND THEORY OF INTERNATIONAL LAW
Main information
Teaching Language
Course Content
Suggested readings
Learning Objectives
Prerequisites
Teaching Methods
Further information
Type of Assessment
Course program
Academic Year 2018-19
Coorte 2014 - 5-years Single Cycle Degree in LAW
Course year
Fifth year - Second Semester
Belonging Department
Legal Sciences (DSG)
Course Type
Single education field course
Scientific Area
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW
Credits
6
Teaching Hours
40
Teaching Term
28/02/2019 ⇒ 05/06/2019
Attendance required
No
Type of Evaluation
Final Grade
Course Content
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Course program
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Lectureship
Mutuality
Course teached as:
0055180 - FILOSOFIA DEL DIRITTO INTERNAZIONALE
5-years Single Cycle Degree in LAW
0055180 - FILOSOFIA DEL DIRITTO INTERNAZIONALE
5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
Analysis of the legal concept of war and its historical evolution. Analysis of the inter-connection between law and space in the light of the history and the philosophy of International law.
Suggested readings (Search our library's catalogue)
Students attending classes:
The texts differ according to the chosen seminar.
1. Seminar on the legal concept of war:
- S. PIETROPAOLI, Abolire o limitare la guerra? Una ricerca di filosofia del diritto internazionale, Polistampa, Firenze 2008.
2. Seminar on the connections between space and law:
- F. RUSCHI, Questioni di spazio: la terra, il mare, il diritto, Giappichelli, Torino 2012.
The study of the text of the seminar will be accompanied by other readings suggested during the course, depending on the topics chosen.
Non attendant student. To pass the exam, knowledge of both the following texts is required:
S. PIETROPAOLI, Abolire o limitare la guerra? Una ricerca di filosofia del diritto internazionale, Polistampa, Firenze 2008.
F. RUSCHI, Questioni di spazio: la terra, il mare, il diritto, Giappichelli, Torino 2012.
The texts differ according to the chosen seminar.
1. Seminar on the legal concept of war:
- S. PIETROPAOLI, Abolire o limitare la guerra? Una ricerca di filosofia del diritto internazionale, Polistampa, Firenze 2008.
2. Seminar on the connections between space and law:
- F. RUSCHI, Questioni di spazio: la terra, il mare, il diritto, Giappichelli, Torino 2012.
The study of the text of the seminar will be accompanied by other readings suggested during the course, depending on the topics chosen.
Non attendant student. To pass the exam, knowledge of both the following texts is required:
S. PIETROPAOLI, Abolire o limitare la guerra? Una ricerca di filosofia del diritto internazionale, Polistampa, Firenze 2008.
F. RUSCHI, Questioni di spazio: la terra, il mare, il diritto, Giappichelli, Torino 2012.
Learning Objectives
Knowledge of the historical evolution of the international legal system. Knowledge of the philosophical debate on the fundaments of the international legal system with particular reference to International Humanitarian Law and the Law of the Sea.
Ability to frame the issues related to the world order from a philosophical-juridical point of view. Ability to work on historical sources. Ability to develop an interdisciplinary perspective. Ability to draw up a brief report on the basis of a bibliography agreed with the teacher and to present it in the framework of a seminar discussion.
Proficiency: Improvement of written and oral skills. Enhancement of the critical approach and towards an interdisciplinary comparison. Refinement of the ability to understand the legal phenomenon in its historical and philosophical perspective.
Ability to frame the issues related to the world order from a philosophical-juridical point of view. Ability to work on historical sources. Ability to develop an interdisciplinary perspective. Ability to draw up a brief report on the basis of a bibliography agreed with the teacher and to present it in the framework of a seminar discussion.
Proficiency: Improvement of written and oral skills. Enhancement of the critical approach and towards an interdisciplinary comparison. Refinement of the ability to understand the legal phenomenon in its historical and philosophical perspective.
Prerequisites
It is suggested to have passed the exam of Philosophy of Law.
Teaching Methods
The course is divided into two phases:
- lectures. In this context, will be held some meetings with experts.
- seminar meetings. Each participant, in accordance with a reading list provided by the teacher, is required to write down a research paper and discuss it in the seminar. The length of the research paper is between 10 and 15 pages. The research paper must contain a bibliography related to the topic addressed. Students attending the meetings must actively take part to the discussions of each of the research papers.
Total hours: 48, of which 36 for lectures and 12 for seminars.
- lectures. In this context, will be held some meetings with experts.
- seminar meetings. Each participant, in accordance with a reading list provided by the teacher, is required to write down a research paper and discuss it in the seminar. The length of the research paper is between 10 and 15 pages. The research paper must contain a bibliography related to the topic addressed. Students attending the meetings must actively take part to the discussions of each of the research papers.
Total hours: 48, of which 36 for lectures and 12 for seminars.
Further information
Gli studenti che intendono frequentare devono iscriversi nella lista che sarà fatta circolare a lezione. Le Students attending the course may write the research paper in English or in other foreign language.
Type of Assessment
Students attending classes: for students who attended the lectures and actively took part in one of the seminars, the final exam will consist in the evaluation of the written paper and of the oral presentation, as well as the evaluation of the participation in the seminars.
For non-attending students: oral exam on the texts indicated. To pass the exam you need an adequate knowledge of both texts.
For non-attending students: oral exam on the texts indicated. To pass the exam you need an adequate knowledge of both texts.
Course program
The course of History and Philosophy of international law is articulated in two parts. The first consists in lectures devoted to:
1) the evolution of the legal concept of war. In particular, the various historical stages of international law will be explained through an examination of the attempts to limit war violence in the Roman legal experience (fetial law), in the Middle Age (Christian theory of bellum justum) and in the modern age (system of "in-form law" and development of jus in bello), up to a critical examination of contemporary notions of "humanitarian war" and "global war".
2) The relationship between physical space and law in the light of the contributions of the philosophy of international law, geopolitics, and social theory. In particular, lectures will dwell on the opposition between a 'telluric' and a 'maritime' conception of law. After this premise, the seminar will focus on the rise of the law of the sea and the problems of its evolution in the classical and medieval ages. The course will then examine the normative dynamics and the legal categories elaborated to govern the oceanic and colonial spaces at the dawn of the modern age. Finally, it will provide a problematic account of the new spaces facing today's jurists: from the air and outer space to the virtual space.
In the second part students will participate in two seminars, one on the evolution of the legal concept of war and the other on the relationship between physical space and law. In this stage attending students, according to their own inclinations, will agree with the teacher on research subject concerning the topics treated during the lectures. Supplemental readings, possibly in languages other than Italian, will be indicated. With the teacher's help, students will expose their researches in the frame of the seminar.
1) the evolution of the legal concept of war. In particular, the various historical stages of international law will be explained through an examination of the attempts to limit war violence in the Roman legal experience (fetial law), in the Middle Age (Christian theory of bellum justum) and in the modern age (system of "in-form law" and development of jus in bello), up to a critical examination of contemporary notions of "humanitarian war" and "global war".
2) The relationship between physical space and law in the light of the contributions of the philosophy of international law, geopolitics, and social theory. In particular, lectures will dwell on the opposition between a 'telluric' and a 'maritime' conception of law. After this premise, the seminar will focus on the rise of the law of the sea and the problems of its evolution in the classical and medieval ages. The course will then examine the normative dynamics and the legal categories elaborated to govern the oceanic and colonial spaces at the dawn of the modern age. Finally, it will provide a problematic account of the new spaces facing today's jurists: from the air and outer space to the virtual space.
In the second part students will participate in two seminars, one on the evolution of the legal concept of war and the other on the relationship between physical space and law. In this stage attending students, according to their own inclinations, will agree with the teacher on research subject concerning the topics treated during the lectures. Supplemental readings, possibly in languages other than Italian, will be indicated. With the teacher's help, students will expose their researches in the frame of the seminar.