20110204 - PHILOSOPHY OF THE LAW

The course aims at the following learning objectives:
a) being familiar with the main authors and theories which have influenced contemporary legal culture; b) to acquire competences in relation to the main concepts of legal theory; c) to develop a critical approach to legal knowledge and culture.
teacher profile | teaching materials

Programme

The course will focus on the conflict between different philosophical models of interpreting law and criminal law in particular. The teaching objectives are: a) to provide students with the theoretical tools necessary for the deep analysis of the legal system, with a focus on criminal law; b) to allow them to orient themselves in the panorama of philosophical and theoretical reflection on criminal law, through an analytical exposition of the theory of guarantee, starting from Cesare Beccaria.
Finally, attention will be paid to the great questions around punishment: why, who, how and when to punish.





Core Documentation

1) Luigi Ferrajoli. Diritto e ragione. Teoria del garantismo penale. Editori Laterza, 2009 (only the folloqing parts: first, exluding pages 94-190, second, third). Pages 94-190 and the fourth and fifth part should not be studied
2)Cesare Beccaria, Dei delitti e delle pene, (edited by Patrizio Gonnella and Susanna Marietti), Giappichelli, 2022 isbn 9788892124172.

Reference Bibliography

A bibliography will be provided in class

Type of delivery of the course

The course includes lectures and seminars

Type of evaluation

For those attending, there will be written, oral and ongoing assessment. The course requires active participation of the student in the lessons.