SOCIOLOGIA DEL DIRITTO

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2018/2019
Year: 
2
Academic year in which the course will be held: 
2019/2020
Course type: 
Basic compulsory subjects
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

There are no prescribed prerequisites. However, a proper knowledge of the Philosophy of Law is recommended.

Final Examination: 
Orale

The exam will consist of an oral test concerning the program and the topics discussed during the course, with general and more specific questions regarding the issues covered. The final grade will be expressed out of thirty. In particular, the ability to refer the contents of the program, as well as to reason and argue critically with regard to specific problems proposed during the course will be evaluated. Communication skills and appropriate use of legal language will also be assessed, particularly during the mock trial (which will be discussed in oral form).
Attendance will be preferential criterion for the assignment of thesis and dissertation.

Assessment: 
Voto Finale

Sociology of Law is aimed at studying the interactions between law and society, highlighting how law can affect social behaviours and, vice versa, how social changes can shape the evolution of the law.
The course of Sociology of Law is aimed at providing some tools for studying law following an approach which is not only technical and formal but also critical, broadening the training of the contemporary jurist, who will increasingly have to operate in a national and international context in constant and rapid evolution.
In the first part of the course the historical development of this discipline will be traced. In the second part, major institutional concepts will be analysed with reference to the social context (national and supranational) in which the same concepts are applied. Students will then be guided in the analysis of judgments or other material provided. Some lessons will be dedicated to illustrate the methodology used by the empirical sociology of law in the analysis of legal phenomena.
Students will then be offered to participate in a mock trial: this part of the course is aimed to give them the opportunity to increase their communicative-relational and problem-solving skills, working on legal materials, improving their attitude in examining and analysing critically the conflicting arguments and understanding the reasons leading to the solution of the case.
At the end of the course, students are expected to prove an appropriate knowledge regarding the issues and topics covered.

In the first part of the course, the main theoretical contributions to the development of Sociology of Law will be examined, following the guidelines indicated in the main text proposed for the exam (about 10 hours). The second part will be dedicated to topics such as the concept of the legal system and its relations with other social systems (political and economic, for ex.); the processes of formation and elaboration of legal norms; the functions of the law; the role of the judge; the methods for the treatment of disputes; the influence of supranational and international law on the national legal order, the evolution of the protection of fundamental rights, the relationship between law, information and communication (about 20 hours). Some hours will then be dedicated specifically to the preparation of the mock trial.

For attending students:
V. FERRARI, Lineamenti di Sociologia del diritto. 1. Azione giuridica e sistema normativo, Laterza, Roma-Bari 2013 (ISBN: 9788842053798)

Relevant materials will be loaded on the e-learning platform.
Any changes will be communicated in the course of the academic year.

For not attending students:
1. V. FERRARI, Lineamenti di Sociologia del diritto. 1. Azione giuridica e sistema normativo, Laterza, Roma-Bari 2013 (ISBN: 9788842053798);
2. One of the following volumes, chosen by the students:
a) R. TREVES, Sociologia del diritto. Origini, ricerche, problemi, Piccola Biblioteca Einaudi-Nuova serie, Torino, 2002 (i primi sei capitoli) (ISBN: 9788806164423;
b) V. FERRARI, Prima lezione di sociologia del diritto, Laterza, Roma-Bari, 2013 (ISBN: 9788842091950);
c) H. KELSEN, Lineamenti di dottrina pura del diritto, Piccola Biblioteca Einaudi, Nuova serie Torino, 2000 (ISBN: 8806156756; ISBN-13: 9788806156756);
d) G. PECES BARBA, Teoria dei diritti fondamentali, Giuffrè, Milano, 1993 (ISBN: 9788814044441).

Convenzionale

The course will take place in the first half and it will be divided into about 35 hours.
It will include theoretical lessons (10 hours), lesson focussed on the interactions between different law-related phenomena, meetings with guests from the academic and legal world, as well as the mock trial (20-30 hours).

The student’s reception will be fixed immediately after class or during the timetable specified by the teacher.
Additional data and information related to the course will be provided through the University website and the e-learning platform.

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