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.
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
Finally, attention will be paid to the great questions around punishment: why, who, how and when to punish.
2) Cesare Beccaria, Dei delitti e delle pene, (a cura di Patrizio Gonnella e Susanna Marietti), Giappichelli, 2022
3) Dario Ippolito. Lo spirito del garantismo. Montesquieu e il potere di punire. Donzelli, 2021.
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, Il paradigma garantista. Filosofia e critica del diritto penale, edizione 2016 Editoriale scientifica2) Cesare Beccaria, Dei delitti e delle pene, (a cura di Patrizio Gonnella e Susanna Marietti), Giappichelli, 2022
3) Dario Ippolito. Lo spirito del garantismo. Montesquieu e il potere di punire. Donzelli, 2021.
Type of delivery of the course
The course includes lectures and seminarsAttendance
Frequency is recommendedType of evaluation
Evaluation, by oral examination, will be at the end of the course based on the study of the indicated texts. Attendance is important to understand the books. Attendees will have access to a written exemption test.