SOCIOLOGIA DEL DIRITTO

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA VA
Academic year when starting the degree: 
2017/2018
Year: 
2
Academic year in which the course will be held: 
2018/2019
Course type: 
Basic compulsory subjects
Seat of the course: 
Varese - Università degli Studi dell'Insubria
Language: 
Italian
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.

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 simulation of the practical case (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 analysing the interaction between law and society, highlighting the way in which social changes can affect the evolution of the law and vice versa.
The course aims to provide students with some first tools for a critical approach to the study of law, encouraging them to interact with legal materials.
In the first part of the course the historical development of this discipline will be traced, following the main theoretical orientations. In the second part, major institutional concepts will be analyzed 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.
Participation to the solution of a practical case will be proposed to the students: this part of the course is aimed to give them the opportunity to start working on legal materials, improving their attitude in examining and analysing critically the conflicting arguments and understanding the reasons that lead to the solution of the case, consistently with their current skills.

At the end of the course, students are expected to demonstrate an appropriate knowledge regarding the issues and topics covered.
In particular, the first part of the course is aimed at providing them with a solid basis concerning the main theories and authors who have most contributed to the development of the Sociology of Law. The second part of the course is intended to stimulate their ability to reason on specific issues illustrated and to demonstrate critical autonomy.

After a theoretical introduction (10 hours), the course will be focussed on topics such as the concept of the legal system and its relations with other social systems (political and economic, for ex.), 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 and public opinion (20-30 hours). Some hours will then be dedicated specifically to the preparation and discussion of the practical case.

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; disponibile anche in e-book); 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, and the simulation of a practical case, to which students will be invited to participate (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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