Corsi di Studio del Dipartimento di Giurisprudenza

Filosofia del diritto II (fundamental rights: declarations, principles, enforcement) (il corso tace per l'a.a. 2011-2012)

Anno accademico 2011/2012

Sommario insegnamento

• Programma
• Testi consigliati e bibliografia
• Note
• Strumenti didattici

Programma

The course investigates the historical development that begun with the U.S. revolution in 1776 and the French revolution in 1789, which calls on a reconsideration of classical philosophers like Locke, Rousseau, and Kant. At issue is the variance between theory and praxis, statement and enforcement, so as to introduce students to the contemporary debate on fundamental rights by examining the crisis of the principle of national sovereignty which traditionally upheld the international order. The idea is to discard dated positions in legal science like ‘realism’and ‘cosmopolitism,’‘monism’and ‘dualism,’ by showing how enforcement of fundamental rights occurs in the making of both national and transnationallegal systems. Special attention will be directed to the EU legal network and its connections with the ECHR system, i.e., the European Charter (and Court) of Human Rights. This part of the course aims to test the philosophical premises introduced in the first classes through a methodology based on case studies. The overall goal is to leave the student with a well-balanced and critical approach to the contemporary debate on fundamental rights.

MODALITÀ DIDATTICHE

Regular participation in class meetings is strongly recommended. All class discussions should be open, robust but respectful, and uncensored.

Reading materials and scheduled lectures will be available at the klips service of the faculty.

Note

Students may decide to discuss their exam in English or Italian.

• Materiale didattico
• Bacheca appelli
• Vai a Moodle
• Visita i forum