Corsi di Studio del Dipartimento di Giurisprudenza

The course is designed to introduce students to the fundamental concepts, principles, and debates within the field of legal philosophy and jurisprudence. Its primary objective is to provide a comprehensive understanding of the historical and theoretical foundations of legal thought, as well as the key issues concerning the nature, function, and legitimacy of law. In addition to acquiring essential knowledge, students will be encouraged to engage critically with the main topics addressed throughout the course, developing the ability to construct coherent arguments, formulate independent reflections, and evaluate diverse theoretical perspectives. The course also aims to cultivate the accurate and rigorous employment of philosophical and legal terminology.

By the end of the course, students are expected to acquire not only a historical and conceptual knowledge of the main paradigms of legal culture—from Ancient World to the twenty-first century—but above all a critical method for analyzing the legal phenomenon. Through engagement with the key traditions of philosophy of law, they will develop the ability to deconstruct legal dogmatics, to denaturalize the categories of positive law, and to recognize the historical, political, and cultural conditions of their formation. Students will learn to examine legal concepts and institutions beyond a purely formalistic or positivistic understanding, and to situate legal reasoning within broader questions of normativity, legitimacy and power. They will also cultivate the capacity to articulate and defend arguments critically, to compare different jurisprudential paradigms, and to assess their implications for contemporary debates in legal philosophy.

The course is organized into three main modules:

• What is Law?
  This first module examines the fundamental question of what we mean by “law.” It introduces and critically discusses the major theoretical approaches, including natural law theory, legal positivism, and legal realism, highlighting their assumptions, strengths, and limitations.

• The Reach of Law
  The second module explores different philosophical perspectives on the nature and scope of legal authority. Particular attention will be devoted to debates on legal obligation and civil disobedience, as well as on the relationship between law and fundamental values such as rights, liberty, and privacy.

• The Philosophy of Criminal Law and Punishment
  The final module focuses on central issues in the philosophy of criminal law. Topics include responsibility and mens rea, intention and recklessness, the legal treatment of murder, available defences (such as insanity), and competing philosophical justifications of punishment.

The course is delivered through in-class lectures, designed to foster active participation, discussion, and exchange of ideas between students and the professor. Where appropriate, learning activities will also include group work and student presentations, in order to promote collaborative learning and the development of critical and communicative skills. Complementary readings and supporting materials will be made available on the course’s Moodle page.

The final examination will consist of an oral exam covering the entire program.

Students who regularly attend classes will also have the opportunity to take mid-term assessments on specific parts of the syllabus. Further details regarding these pre-exams will be provided during the course.