LAW STUDENTS PROF. RE AND JOINT DEGREE; SCHOOL OF PHILOSOPHY:
Main problems and schools in the philosophy of law.
Differences between the rule of law, the Rechtsstaat and the Etat légal.
The Constitutional State and its contemporary crisis.
Students can choose one of the following seminars:
Theory and history of punishment
The rule of law between colonialism and post-colonialism
Theory and history of international law
Critical Legal Theories
Care and the exploitment of migrants
Course Content - Last names H-Z
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
MASTER OF LAW STUDENTS PROF. RE:
NON-ATTENDING:
- C. Faralli, Le grandi correnti della Filosofia del diritto. Updated edition (texts in the anthology are optional);
- E. Santoro, Diritto e diritti: lo Stato di diritto nell'era della globalizzazione. Updated edition.
- and one of the following books:
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 (selection of pages specified by the teacher).
A. Sciurba, La cura servile, Pacini, Pisa, 2015
MASTER OF LAW AND JOINT DEGREE MASTER STUDENTS: ATTENDING THE LECTURES:
Lectures notes and the following texts:
- C. Faralli, Le grandi correnti della Filosofia del diritto. Dai Greci ad Hart, Second edition, Updated edition (texts in the anthology are optional);
- E. Santoro, Diritto e diritti: lo Stato di diritto nell'era della globalizzazione. Updated edition (selection of pages specified by the teacher in class).
- and one of the following books:
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 (selection of pages specified by the teacher).
A. Sciurba, La cura servile, Pacini, Pisa, 2015
ATTENDING LECTURES AND SEMINARS:
same texts as those attending lectures, but students who have attended lectures and have actively participated in the meetings of a seminar, giving an oral presentation and delivering the corresponding written report, will be exempted from discussing one of the five texts of stundents' choice provided by the general program at the oral exam.
STUDENTS IN PHILOSOPHICAL SCIENCES (6 credits):
Students attending the lectures: Notes of the lectures and 1 of the 7 suggested books.
Students attending the lectures and 1 of the seminars:
Notes of the lectures; participation, oral and written paper at the seminar.
Non attending: 2 of the 7 suggested books of your choice.
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 from the five above-mentioned volumes.
Learning Objectives
LAW STUDENTS PROF. RE AND JOINT DEGREE; PHILOSOPHY STUDENTS:
Knowledge:
Knowledge related to major issues in legal theory. Critical mastery of a map of major modern and contemporary legal theories. Knowledge of the major theories of the rule of law.
Ability:
Ability to orient oneself among the main schools of the Philosophy of Law, to analyze the social impact of law and to discuss some important current issues relevant to jurists. Ability to discuss orally and to write a short report on the basis of a bibliography indicated by the teacher.
Competencies:
Knowledge of the various perspectives in the philosophy of law and the major problems discussed. Ability to frame the problematic of the relationship between law and interpretation. Deepening of some themes of particular relevance for contemporary jurists.
Learning Objectives - Last names H-Z
nowledge
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
For law students: Private Law I and General Constitutional Law exams are prerequisite
Prerequisites - Last names H-Z
Students must have passed the exam of General Constitutional Law and
Private Law I.
Teaching Methods
LAW STUDENTS PROF. RE AND JOINT DEGREE:
Lectures: 52 hours
Seminars: 20 hours
PHILOSOPHY STUDENTS may select 48 hours of class (either lectures or lectures and seminars).
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.
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 - Last names H-Z
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
LAW STUDENTS PROF. RE AND JOINT DEGREE; PHILOSOPHY STUDENTS:
Students attending classes must enrol in the e-learning platform. Attendance will be verified by roll call and through the online platform. Students who intend to attend a seminar must enrol during the first 4 weeks of the course. 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.
Type of Assessment
MASTER OF LAW STUDENTS PROF. RE, PHILOSOPHY STUDENTS
- NON ATTENDING STUDENTS:
oral exam on the required texts and on one of the five texts of the student's choice (see appropriate section; FOR THE PHILOSOPHY STUDENTS THE REQUIRED TEXTS ARE 2 AS REPORTED IN THE APPROPRIATE SECTION). The oral exam will consist of at least one question on each text. Possible in-depth questions may be asked to students at the discretion of the teacher, to better assess their preparation.
MASTER STUDENTS AND JOINT DEGREE STUDENTS:
ATTENDING THE LECTURES:
the oral exam will focus on the texts provided in the appropriate section and the notes of the lectures. The exam questions will mainly concern the parts of the program explained in class.
STUDENTS ATTENDING LECTURES AND SEMINARS:
Students who choose to attend one of the proposed seminars will be required to give an oral presentation of one of the topics of the chosen seminar and the relevant bibliography. They will then be required to submit (at least ten days before the call to which they intend to present) a written paper of 20,000 characters including spaces on that same topic. Their active participation in the discussion during the seminars will be positively evaluated. The oral report, the written report, and the active participation will be evaluated by a single grade (resulting from the average of the evaluations of these three components), which will be worth one-third of the final grade.
The evaluation of the oral report will take into account the student's preparation and critical ability. The evaluation of the active participation in the seminar will take into account the student's presence at the meetings, their ability to intervene critically with questions or considerations on the topics presented by other students. The evaluation of the written report will take into account the quality of the writing, the comprehension of the texts read, the ability to present one's thesis, the critical analysis. The participation in the seminar, the oral presentation and the written report exempt the student from discussing one of the five texts of students' choice at the oral exam. In this case, the oral exam will focus on the two compulsory texts and on the notes of the lectures. The modalities of the oral exam for the students who have obtained the evaluation of the seminar are the same as those for the students who attend only the lectures.
All students will obtain the sufficiency only in case they are able to show an adequate preparation on all the texts included in the program (and for those attending the lectures and seminars on the notes of the lectures). The ability to connect the topics covered and critical analysis will be evaluated positively.
Type of Assessment - Last names H-Z
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
LAW STUDENTS PROF. RE AND JOINT DEGREE; PHILOSOPHY STUDENTS:
-In the first part, the course presents the main schools of philosophy of law (natural law theory, legal positivism, anti-formalistic legal theories), focusing in particular on some authors considered as "classics".
- During the first month of class, the five seminars that may be chosen by the students will be presented once a week, together with the relevant reference books. At the end of these presentations, the seminar registrations will be concluded and a meeting will be organized in which the students will be assigned the topics to be dealt with and will be given the bibliography to be studied for the seminar.
- The second part of the lectures will be dedicated to the study of the modern theory of the rule of law, of the different European historical experiences and of the related theoretical models: rule of law, Etat légal, Rechtsstaat. The lectures will then focus on the differences between the English concept of the rule of law and the continental one, on the building of the constitutional state, on the crisis of the theoretical model of the rule of law, on the transformations related to the processes of globalization and interlegality.
- The third part of the course will be conducted in seminar form; the student may choose to work on one of the following five topics:
1. Seminar on the theory and history of punishment
Reference text: M. Foucault, Sorvegliare e punire, Einaudi, Torino 1993.
2. Seminar on The Rule of Law Between Colonialism and Postcolonialism.
The object of study will be Alexis de Tocqueville's theory of law and democracy and his theses on Algerian colonization. From these reflections we will proceed to
relate the "classical" theories of the rule of law with "postcolonial studies".
- Reference text: L. Re, Il liberalismo coloniale di Alexis de Tocqueville, Giappichelli, Torino, 2012
3. Seminar on the theory and history of international law. We will discuss the
theoretical-legal aspects of the concept of international order and war in the history and philosophy of modern and contemporary international law. Special attention will be paid to the new forms of humanitarian warfare and the different models of organizationn aimed to guarantee peace.
- Reference text: D. Zolo, Cosmopolis,
Feltrinelli, Milano 1995.
4. Seminar on Critical Theories of Law: We will define the critical approach to law, in light of the crisis of formalistic normativism and legicentrism, and of the social impact of the norms produced by the legal system. We will look in particular at critical race theory, postcolonial studies, critical migration theory, the discussion of law and gender, legal feminism, the discussion of law and the construction of subjectivity and law and economics, and the relationship between law and disability.
- Reference text: M.G. Bernardini, O. Giolo (eds.), Le Teorie critiche del diritto, Quaderni dell'Altro diritto, Pacini, Pisa, 2017.
5. Seminar on Care and the exploitation of migrants. Subject of the seminar will be the examination of the philosophical discussion on care work and its role
in Western societies (from Arendt to Tronto), the connection of this discussion with the
discussion with that on the ethics of care and theories of difference. In the light of these theses, we will examine the problem of social policies for care and the circumstance that care work has become almost a monopoly of women migrant workers: we will
examine the consequences of the organization of care work on their lives and the exploitation that this work often hides.
Reference text: A. Sciurba, La cura servile, Pacini, Pisa, 2015
Course program - Last names H-Z
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
Sustainable Development Goals 2030
This course contributes to the realization of the UN goals of the 2030 Agenda for Sustainable Development.
Sustainable Development Goals 2030 - Last names H-Z
This course contributes to the achievement of the UN objectives of the 2030 Agenda for Sustainable Development