COGNOMI A-D:
Theories of legal validity, legal sources and legal interpretation.
The common law tradition.
Differences between the rule of law, the Rechtsstaat and the Etat légal.
Globalization and the Crisis of Rechtstaat and Etat légal.
Students can choose one of the following seminars:
Theory and history of penal execution
The rule of law between colonialism and post-colonialism
Theory and history of international law
Critical Legal Theories
Care labour and the exploitment of migrants
Course Content
Surname O-Z: legal validity, legal sources and legal interpretation
The common law tradition
Differences between the rule of law and the Rechtsstaat
The Globalizzazon and the Crisis of Rechtstaat
Students can choose one of the following five seminars:
The theory and history of penal execution
The rule of law between colonialism and post-colonialism
The theory and history of international law
The law and social problems
Care workers and migrants' labour exploitation
Course Content - Last names E-N
Analysis of the theories of legal validity, legal sources and legal interpretation.
The Common Law tradition.
Differences between the Rule of Law and the Rechtsstaat.
The Globalization and the crisis of the Rule of Law.
Students can choose one of the following five seminars:
The theory and history of penal execution.
The Rule of Law between colonialism and post-colonialism.
Care labour and the exploitation of migrant workers.
The Theory and History of International Law
Law and social problems
COGNOMI A-D:
Students must study the following texts:
- A. Ross, Diritto e giustizia, Einaudi, Torino, latest edition, pp. 1-159;.
- E. Santoro, Diritto e diritti: lo Stato di diritto nell’era della globalizzazione, Giappichelli, Torino 2008.
and one of these volumes:
M. Foucault, Sorvegliare e punire, Einaudi, Torino 1993.
L. Re, Il liberalismo coloniale di Alexis de Tocqueville, Giappichelli, Torino, 2012
D. Zolo, Cosmopolis. La prospettiva del governo mondiale, Feltrinelli, Milano 1995.
M.G. Bernardini, O. Giolo (a cura di), Le Teorie critiche del diritto, Quaderni dell'Altro diritto, Pacini, Pisa, 2017.
A. Sciurba, La cura servile, Pacini, Pisa, 2015
Students attending classes, actively taking part in a seminar, and doing both the oral presentation and the written paper, will be exempted
from studying one of the last five texts required by the general programme
Surname O-Z: Students must study all of the following texts:
- A. Ross, Diritto e giustizia, Einaudi, Torino, latest edition, pp. 1-159;.
- E. SANTORO, Diritto e diritti: lo Stato di diritto nell’era della globalizzazione. Studi genealogici su Albert Venn Dicey e il rule of law, Giappichelli, Torino 2007.
and one of these volumes:
M. FOUCAULT, Sorvegliare e punire, Einaudi, Torino 1993.
L. RE, Il liberalismo coloniale di Alexis de Tocqueville, Giappichelli, Torino, 2011
D. Zolo, Cosmopolis. La prospettiva del governo mondiale, Feltrinelli, Milano 1995.
E. Santoro (a cura di), Diritto come questione sociale, Giappichelli, Torino, 2009.
A. Sciurba, La cura servile, Pacini, Pisa, 2015
Students attending classes and actively taking part in a seminar will be exempted from studying one of the four texts required by the general programme.
Students are required to study the following texts:
- A. Ross, Diritto e giustizia, Einaudi, Torino, latest edition, pp. 1-159;.
- E. Santoro, Diritto e diritti: lo Stato di diritto nell’era della globalizzazione. Studi genealogici su Albert Venn Dicey e il rule of law, Giappichelli, Torino 2007.
And one text on its own of the following five volumes:
- M. Foucault, Sorvegliare e punire, Einaudi, Torino 1993.
- L. Re, Il liberalismo coloniale di Alexis de Tocqueville, Giappichelli, Torino, 2011
- D. Zolo, Cosmopolis. La prospettiva del governo mondiale, Feltrinelli, Milano 2008.
- G. Bernardini, O. Giolo (a cura di), Le Teorie critiche del diritto, Quaderni dell'Altro diritto, Pacini, Pisa, 2017.
- A. Sciurba, La cura servile, Pacini, Pisa, 2015
Students attending classes and taking part in a seminar as described below will be exempted from studying the text selected form the five above-mentioned volumes.
Learning Objectives
COGNOMI A-D:
Knowledge
Knowledge of the main problems of legal language theory. Critical mastery of major twentieth century's legal theories. Knowledge of the history and nature of the common law. Knowledge of the main law thories and of the relationship between rule of law and legal interpretation.
Abilities
Ability to analyse the social impact of law and to discuss today’s problems related to the idea that law can limit power. Ability to draft a short paper based on a bibliography handed out by the teacher, and to discuss it in a seminar.
Expected results
Knowledge of the different perspectives of western philosophy of law and of the relationship between law and power. Ability to compare different
approaches to this problem in the common law and the civil law traditions.
Learning Objectives
Surname O-Z: Knowledge
Knowledge of the main problems of language theory. Critical mastery of major twentieth century legal theories (Kelsen’s theory of the legal system and the different theories of legal realism). Knowledge of the history and nature of the common law. Analytical knowledge of the rule of law and its problems, and the relationship between rule of law and interpretation. Critical mastery of the relationship between objective law and the protection of individuals’ rights
Abilities
Ability to analyse the social impact of law (shift from law in books to law in action) and to discuss the today’s problems with the idea of law as a tools for checking power. Ability to draft a short paper based on a bibliography indicated by the teacher, and to discuss it in a seminar
Expected results
Sensitivity to the different perspectives on the problem of legal validity. Ability to focus the problem of the relationship between law and power, to compare different approaches to this problem in the common law and the civil law traditions.
Learning Objectives - Last names E-N
Knowledge
Knowledge of the main problems of language theory. Critical mastery of major
twentieth century legal theories (Kelsen’s theory of the legal system and the
different theories of legal realism). Knowledge of the history and nature of the
common law. Analytical knowledge of the rule of law and its problems, and the
relationship between rule of law and interpretation. Critical mastery of the
relationship between objective law and the protection of individuals’ rights
Abilities
Ability to analyse the social impact of law (shift from law in books to law in action)
and to discuss the today’s problems with the idea of law as a tools for checking
power. Ability to draft a short paper based on a bibliography indicated by the
teacher, and to discuss it in a seminar.
Expected results
Sensitivity to the different perspectives on the problem of legal validity. Ability to
focus the problem of the relationship between law and power, to compare different
approaches to this problem in the common law and the civil law traditions.
Prerequisites
COGNOMI A-D:
It is recommended to have passed the exam of General Constitutional Law and
Private Law.
Prerequisites
Surname O-Z: It is recommended to have passed the exam of General Constitutional Law and Private Law
Prerequisites - Last names E-N
It is recommended to have passed the exam of General Constitutional Law and
Private Law I.
Teaching Methods
COGNOMI A-D:
Lectures: 52 hours
Laboratories: 4 hours
Seminars: 16 hours
The Professor presents the different subjects through the use of power point. She uploads slides and other documents relevant for the organization of the course and the study of the different subjects on the e-learning platform. Students are encouraged to ask questions at the end of each lecture. Some special lectures with guests on topics related to the course will be organized.
Students attending the seminars must complement the study of the seminar's textbook with the reading of other papers about related topics. Additional readings will be
indicated during a dedicated organizational meeting (esercitazione).
Students will be requested to:
- orally expose a brief report on the topic assigned to them
- present a written paper of 10 pages (2,000 characters per page) on the topic
- actively take part to discussion meetings, during which all participants’ oral reports will be exposed.
They must attend all the seminar’s meetings and actively take part to seminar discussions.
Students who attended the lectures, actively took part to seminar meetings, did the oral presentation and handed out the written paper to the teacher will be exempted from studying one of the last five texts required by the general programme for the oral exam.
Teaching Methods
Surname O-Z: Lectures: 56 hours
Seminars: 16 hours
Students attending the seminars must complement the study of the basic textbook with the reading of other papers about related topics. Additional reading will be indicated during a dedicated organizational meeting.
They will be requested to:
- orally expose a brief report on the topic assigned to them
- present a written paper of 6-10 pages (2,000 characters per page) on the topic
- actively take part in discussion meetings, during which all participants’ oral reports will be exposed
They must attend all of the seminar’s meetings and actively take part in seminar discussions.
Students attending the lectures and actively taking part in seminar meetings will be exempted from studying one of the four texts required by the general programme
Teaching Methods - Last names E-N
Lectures: 56 hours
Seminars and laboratories: 16 hours
Students are encouraged to ask questions during each lecture. Some lectures with guests on topics related to the
course will be organized.
How the seminar is carried out:
students must enroll in a special list in order to attend the seminar chosen. The schedule of the seminar will be availaible during the course. Students enrolled in a seminar must attend all of the seminar’s meetings and actively take part in seminar
discussions.
Students attending the seminars must complement the study of the basic textbook
with the reading of portions of essays about related topics. The additional reading will be
indicated during a dedicated organizational meeting.
They will be requested to:
- orally expose a brief report on the topic assigned to them
- present a written paper of 6-10 pages (2,000 characters per page) on the topic
- actively take part in discussion meetings, during which all participants’ oral reports will be exposed.
Students attending the lectures and actively taking part in seminar meetings will be exempted from studying one of the last five texts required by the general programme.
Further information
COGNOMI A-D:
Attendant students must enrol by signing a paper in class by the second week of the course. They will then receive the password to enrol in the e-learning platform. Attendance will be verified through signatures and, periodically, by roll call. Students who intend to attend a seminar must enrol during the first 4 weeks of the course by signing a paper in class. Seminars attendance will be verified at each meeting by roll call. 4 unexcused absences at class meetings and 1 at the seminar will be allowed.
Further information
Surname O-Z: texts, which cannot be found in the library, will be available on Moodle platform. The ability of finding the sources is part of the competence, which is required to the students.
Type of Assessment
COGNOMI A-D:
Non attendant students and students attending only the traditional lectures (and not the seminars) are expected to take an oral exam on the two mandatory texts and on one of the five texts among which students can choose. Students will be asked at least three questions (one for each book). More questions can be asked in order to better evaluate students' performance. For attendant students questions will mainly concern the topics discussed in class. Students will pass the exam only if they will show adequate knowledge of all the texts. Critical analysis will be appreciated.
Students who will attend the seminars are expected to take part in the seminars, orally present the chosen topic and the related bibliograpy and hand out a written paper of 20.000 characters to the teacher (at least ten days before the date of the exam). They will then get a grade for the seminar which will be made by the grade of the oral presentation, the grade of active participation and the grade for the written paper. This grade will be worth a third of the final grade. In evaluating the oral presentation the teacher will consider the achieved knowledge on the assigned topic and the ability of developing a critical analysis. Active participation will be evaluated on the basis of the questions asked by the students and of their interventions in the discussion. The written paper will be graded on the basis of its clarity, of the achieved knowledge on the assigned topic, of the quality of the arguments and critical analyses. Students getting a grade from the seminar will take the oral exam only on the two mandatory texts. The oral exam will be evaluated on the same basis of the oral exam for students attending the lectures.
Type of Assessment
Surname O-Z: Intermediate tests
During each lecture some specific topics will be discussed; in such occasion students’ mastery of the concepts previously treated will be assessed. During the third part of the course students will be requested to present a brief written paper and to discuss it in seminars.
The final exam will consist in a discussion of the textbooks’ topics and, for students attending seminars, in the evaluation of their written papers and their discussion during seminars. The evaluation will be based on the quality of the written paper, on the oral presentation and on the participation to the discussion of the papers of the other students. Who will have attended to the lessons and participated to the seminars, can split the exam in two parts, one about Ross's text and one about "Diritto e diritti".
Type of Assessment - Last names E-N
Non attendant students and students attending only the frontal classes (and not the seminars) are expected to take an oral exam on the two mandatory texts and on one of the five texts among which students can choose. Students will be asked at least three questions (one for each book). More questions can be asked in order to better evaluate students’ performance. To pass the exam students must have got a proper preparation knowledge of all the texts. Critical analysis and the skill in linking different themes will be appreciated.
Students who will attend the seminars are expected to take part in the seminars, orally present the chosen topic and the related bibliography and hand out a paper of 6-10 printed pages length (before the end of June or in any case at least three days before the date of exam), including bibliographical references. They will then get a grade for the seminar obtained by the grade for the oral presentation, by the grade for the active participation and by the grade for the written paper. This grade will be part of the final valuation. In evaluating the oral presentation the teacher will consider the achieved knowledge on the assigned topic and the ability of developing a critical analysis. Active participation will be evaluated on the basis of the questions asked by the students and of their interventions in the discussion. The written paper will be graded on the basis of its clarity, of the achieved knowledge on the assigned topic, of the quality of the arguments and critical analyses. Students getting a grade from the seminar will take the oral exam only on the two mandatory texts (A. Ross, Diritto e giustizia/ E. Santoro, Diritto e diritti). The oral exam will be evaluated on the same basis of the oral exam for students attending the lectures. If the evaluation of the seminar is insufficient, students will be required to bring the program indicated for those who have attended only the lectures and for those not attending.
Course program
COGNOMI A-D:
- In the first part of the course the teacher will present and discuss the main theories of legal validity, legal sources and legal interpretation. The main source will be On Law and Justice by Alf Ross. The different perspectives of the theory of natural law, legal positivism and legal realism will be analyzed. A special attention will be given to Kelsen's normativism and to scandinavian legal realism
- During the first month the topics of the five seminars offered to the students will be presented once a week. Students will then be asked to choose one of the seminars and to enrol. A special meeting will then be organized to hand out the bibliography and assign the topics.
- The second part of the lectures will be devoted to the modern theory of European rule of law, the Rechtsstaat, the Etat légal and the English rule of law. The differences between the common law and the civil law traditions will be discussed. The teacher will also focus on the advent of the Constitutional courts, the crisis of the modern pattern of the rule of law, the changes caused by globalization and interlegality. Finally, the rule of law will be interpreted through the perspective of legal hermeneutics.
- The third part of the course will be organized in form of seminars. Students will choose one of the following seminars:
1. Theory and history of punishment - book: M. Foucault, Sorvegliare e punire, Einaudi, Torino 1993.
2. The rule of law between colonialism and postcolonialism. - book: L. Re, Il liberalismo coloniale di Alexis de Tocqueville,
Giappichelli, Torino, 2012
3. Theory and history of international law.
- book: D. Zolo, Cosmopolis. La prospettiva del governo mondiale,
Feltrinelli, Milano 1995.
4. Critical Legal Theoris
- book: M.G. Bernardini, O. Giolo (a cura di), Le Teorie critiche del diritto, Quaderni dell'Altro diritto, Pacini, Pisa, 2017.
5. Care work and the exploitment of migrants. - book: A. Sciurba, La cura servile, Pacini, Pisa, 2015
Course program
Surname O-Z: The course is divided into four parts.
- The first part, consisting in theoretical lectures, will be devoted to discussing theories of legal validity, legal sources and interpretation. The topics will be discussed by comparing the natural law approach, Kelsen’s positivist approach and the realist approach.
- The second part, also consisting in lectures, will be devoted to highlighting the peculiarities of the common law tradition with respect to continental European tradition,
the third part will be devoted to discussing the differences between the English conception of the rule of law and the continental conception of Rechtsstaat; lastly, the relationship will be discussed between interpretation and rule of law.
- The fourth part will consist in seminars; students can choose one of the following five topics:
o Seminar on the theory and history of penal execution. The philosophy of punishment and the development of a effective organization of penal execution in the north-western world will be discussed. Special attention will be paid to the ‘disciplinary’ function of prison and the meaning of detention, in the light of its apparent inability to perform any re-socializing function.
- Reference text: M. FOUCAULT, Sorvegliare e punire, Einaudi, Torino 1993.
o Seminar on the rule of law between colonialism and post-colonialism. Its subject will be Alexis de Tocqueville’s theory of law and democracy and his views on the colonization of Algeria. Premised on these reflections, ‘classical’ theories of the rule of law will be related to the philosophical and sociological literature associated with ‘post-colonial studies’.
- Reference text: L. RE, Il liberalismo coloniale di Alexis de Tocqueville, Giappichelli, Torino, 2011
o Seminar on the theory and history of international law. The theoretical legal aspects of the concepts of international order and war in the history and philosophy of modern and contemporary international law will be discussed. Special attention will be paid to the new forms of humanitarian war and the different models of organizations for securing peace. In the framework of today’s ‘globalization’ processes the issue of the development of international institutions and legal system over the last three centuries will be dealt with: from the Westphalia model to the Holy Alliance, the League of Nations, the United Nations, international criminal courts. In particular, the alternative between the Kantian cosmopolitan conception and the realist neo-Grotian conception of a ‘minimal world order’
- Reference text: D. Zolo, Cosmopolis. La prospettiva del governo mondiale, Feltrinelli, Milano 1995.
o Seminar on law and social problems. The conception of law as social practice and the ways of tackling some problems in legislation, the social problems raised by legislative solutions and the way in which legislative solutions turn into social practice will be studied. Issues being treated include: the relationship of law with social solidarity, problems with using the language of rights, law and gender, the regulation of migrations and the law of penal execution..
- Reference text: E. Santoro (a cura di), Diritto come questione sociale, Giappichelli, Torino, 2009
Course program - Last names E-N
The course is divided into two parts.
- The first part, consisting in theoretical lectures, will be devoted to discussing
theories of legal validity, legal sources and interpretation. The topics will be
discussed by comparing the natural law approach, Kelsen’s positivist approach and
the realist approach. More lectures, will be devoted to highlighting the
peculiarities of the common law tradition with respect to continental European
tradition.
The second part will consist in seminars: students who wants to attend can choose one of the following
five topics:
1. Seminar on the theory and history of penal execution. The philosophy of
punishment and the development of a effective organization of penal execution in
the north-western world will be discussed. Special attention will be paid to the
‘disciplinary’ function of prison and the meaning of detention, in the light of its
apparent inability to perform any re-socializing function.
- Reference text: M. Foucault, Sorvegliare e punire, Einaudi, Torino 1993.
2. Seminar on the rule of law between colonialism and post-colonialism. Its subject
will be Alexis de Tocqueville’s theory of law and democracy and his views on the
colonization of Algeria. Premised on these reflections, ‘classical’ theories of the rule
of law will be related to the philosophical and sociological literature associated with
‘post-colonial studies’.
- Reference text: L. Re, Il liberalismo coloniale di Alexis de Tocqueville,
Giappichelli, Torino, 2011
3. Seminar on the theory and history of international law. The theoretical legal
aspects of the concepts of international order and war in the history and philosophy
of modern and contemporary international law will be discussed. Special attention
will be paid to the new forms of humanitarian war and the different models of
organizations for securing peace. In the framework of today’s ‘globalization’
processes the issue of the development of international institutions and legal
system over the last three centuries will be dealt with: from the Westphalia model to
the Holy Alliance, the League of Nations, the United Nations, international criminal
courts. In particular, the alternative between the Kantian cosmopolitan conception
and the realist neo-Grotian conception of a ‘minimal world order’
- Reference text: D. Zolo, Cosmopolis. La prospettiva del governo mondiale,
Feltrinelli, Milano 1995.
4. Seminar on law and social problems. The conception of law as social practice and
the ways of tackling some problems in legislation, the social problems raised by
legislative solutions and the way in which legislative solutions turn into social
practice will be studied. Issues being treated include: the relationship of law with
social solidarity, problems with using the language of rights, law and gender, the
regulation of migrations and the law of penal execution.
- Reference text: E. Santoro (a cura di), Diritto come questione sociale, Giappichelli,
Torino, 2009
5. Care work and the exploitment of migrants.The seminar will focus on the work of care and its role in Western societies, the linking between the ethic of care and the theories of difference, the problem of social policies for the care and the fact that the nursing work has become almost a monopoly of migrant workers: - book: A. Sciurba, La cura servile, Pacini, Pisa, 2015