LAW STUDENTS PROF. RE AND JOINT DEGREE:
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
LAW STUDENTS PROF. RE AND JOINT DEGREE:
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
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.
Learning Objectives
LAW STUDENTS PROF. RE AND JOINT DEGREE:
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.
Teaching Methods
LAW STUDENTS PROF. RE AND JOINT DEGREE:
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.
Further information
LAW STUDENTS PROF. RE AND JOINT DEGREE:
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
LAW STUDENTS PROF. RE AND JOINT DEGREE:
oral exam on the required texts and on one of the five texts of the student's choice (see 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.
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.
Course program
LAW STUDENTS PROF. RE AND JOINT DEGREE:
-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 (esercitazione).
- 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. Particular 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
Sustainable Development Goals 2030
This course contributes to the realization of the UN goals of the 2030 Agenda for Sustainable Development.