Corsi di Studio del Dipartimento di Giurisprudenza

The course aims at providing students with key legal and philosophical concepts, by introducing them to the main theories and specifically addressing the most recent developments in the philosophical debate on legal questions. From the historical background to the contemporary evolution, the course is intended to present the main tools for analysis of law through the lens of philosophy.

By the end of the course, students should prove an in-depth knowledge of the topics addressed during the course. Moreover, students should demostrate that they have developed a critical approach to the most relevant questions inherent in legal culture. Students should therefore show strong argumentation skills, solid both from a philosophical and legal perspective.

The duration of the course is 54 hours and the course will be articulated in lectures held in person. Mandatory materials will be avaible on Moodle e-learning page.

Any substantial change will be promptly communicated. Therefore, registering in the teaching platform (Moodle) is mandatory for all students in order to receive communication, as well as to have full access to materials.

Both attending and non-attending students will have to take an oral exam.

The final oral exam will deal both with:

Part 1 - Philosophy of Law (M. Borrello)

Part 2 - Philosophy of Law and Bioethics (T. Penna) 

Pre-exam on a reduced study program (Part 2): Further information on pre-exam will be provided during the course. Pre-exams results will be valid until September 2023.

For the purposes of the final evaluation, the following criteria will be taken into consideration:

- formal accuracy 

- completeness of the answers

- adequate selection of the relevant arguments

- adequate presentation of the arguments (including use of an appropriate legal terminology)

- autonomous organization and elaboration of the answer

In general, the evaluation will depend on the ability to give an answer construed on a coherent reasoning, consistent with the underlying theoretical background and adequately motivated.

Mandatory materials, as well ad synopsis, in-depth materials and slides will be uploaded on Moodle platform.

Office hours for students will be on appointment to be scheduled by writing an email to tullia.penna@unito.it (General info on the course + Part 2) and maria.borrello@unito.it (Part 1).

The course will consist of 2 main parts:

1. Philosophy of Law:
   - The Concept of Law: Law as an object and law as a movement; the question of interpretation;
   - The roots of our legal culture: Modernity - Rationality; Contractualism; freedom; equality. 
   
   
   
2. Philosophy of Law and Bioethics:

        - Why Bioethics and Philosophy of Law? Reasons for an unavoidable reflection;
        - Human Right to Science (CESCR General Comment 25(2020));
        - Origins of Bioethics (from an ecological perspective to medical applied ethics);
        - Core topics in Bioethics (reproductive rights; genome editing; end-of-life care).

Mandatory materials, as well ad synopsis, in-depth materials and slides will be uploaded on Moodle platform.