Corsi di Studio del Dipartimento di Giurisprudenza

The aim of the course is to provide students with basic knowledge and elements of legal philosophy, to enable them to develop arguments and critical reflections on the main subjects of the course as well as to make a correct use of the philosophical and legal language.

The course aims to provide the conceptual tools for understanding the legal phenomenon through the study of the main paradigms of legal culture occured since Ancient Age to XXI century. This historical-conceptual framework is intended to make the student acquire a critical approach than the traditional legal dogmatics and, consequently, an 'outside' perspective, not formalistic, on the study of 'positivistic' law.

The course is based on lessons in class, encouraging discussion and exchanges within he students' community and the professors.

Additional materials will be uploaded on the moodle page of the course.

The final exam is oral on the whole program.

Only the attending students will have the chanche to take a pre-exam on a part of the program (further information on this will be given in class).

The course is divided into three main modules, following the organization of the textbook.

- What is the law? During this part of the course we will cover the major legal theories adressing the question of what we mean by law, including natural law, legal positivism and legal realism.

- The reach of the law. In the second part we will discuss the various legal theories on the nature and extent of the law's authoriy, with regard to obligation and civil disobedience, rights, liberty and privacy.

- The philosophy of Criminal law and Punishment. The third part of the course will be dedicated to the responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. Moreover, we will dedicate a focus on the connections between theories of crimes and popular culture.

Daly S. E., eds., "Theories of Crime Through Popular Culture", Palgrave MacMillan, 2021. (Chapters 1,2,6,13,15).

Additional materials will be uploaded on the moodle page of the course, becoming part of the program.