TEORIA GENERALE DEL DIRITTO

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2020/2021
Year: 
2
Academic year in which the course will be held: 
2021/2022
Course type: 
Basic compulsory subjects
Seat of the course: 
Como - Sant'Abbondio
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 in order to take the exam. However, a proper knowledge of the Philosophy of Law is strongly recommended.

Final Examination: 
Orale

The exam will consist of an oral test concerning the program and the topics discussed during the course, with general questions concerning the main theories illustrated and questions relating to the issues covered by the lessons. The final grade will be expressed out of thirty. In particular, the ability to refer the contents of the program, under the technical and the expressive viewpoint, to reason and argue critically with regard to specific problems proposed during the course will be evaluated.

Assessment: 
Voto Finale

The course aims at presenting and exploring some fundamental (general and/or universal) legal concepts, on the basis of the contents offered by the positive legal order. The analysis of these concepts will be conducted in the light of the main theoretical currents, while seeking to highlight the relevance of the issues considered for the practice of law. The reading of some paradigmatic judgements will be proposed, and students will be guided to examine them.
The course therefore follows also a practical approach, seeking to provide students with some first tools for a theoretical as well as critical analysis of the legal reasoning, consistently with their actual skills.
At the end of the course, students are expected to show a proper knowledge of the main topics and concepts explored in the program and pertaining to different theoretical orientations. In particular, their ability to relate the theoretical and hermeneutical principles analyzed with the specific examples of legal reasoning discussed during the course will be assessed.
In particular, the first part of the course is aimed at providing them with a solid basis concerning the main legal theories. In the second part of the course, judgments or examples of legal argumentation will be presented, and students will be asked to reason about the practical use of theoretical principles and interpretative techniques.

The course will be divided into two parts:

a) an introductory part, in which the main theoretical developments of the discipline will be examined (15 hours);

b) a second part, focused on the analysis of issues such as the concepts of law and norm, legal system and legal order, validity and effectiveness of the law, the functions of the law (about 20 hours). Main issues concerning the interpretation of the law and legal argumentation will be also considered.

M. JORI-A. PINTORE, Manuale di teoria generale del diritto, Giappichelli, Torino, ult. ed. (ISBN: 8834850688)
Materials concerning issued discussed during the course will be loaded on the e learning platform.
Any changes will be communicated in the course of the academic year.

Convenzionale

The course will take place in the first half and it will be divided into about 35 hours.
In accordance with the current Rectoral provisions, lessons will be held in presence (with "Green Pass COVID19"), with the possibility to reserve places in the classroom with the Student App. However, distance learning will always be guaranteed through the Microsoft Teams platform. Materials on power point will be used during the course and will be made available.

Teaching will include introductory and general lessons, as well as lessons devoted to the examination of specific and current problems and topics and debates aimed at stimulating the critical attitude and reasoning.

Additional information may be requested at the end of the lessons. In any case, students can agree a reception with the Professor by sending an e-mail to the following address: cristina.reale@uninsubria.it. Further details related to the course will be provided through the University website and the e-learning platform.
ERASMUS students can attend classes in Italian and/or prepare a written paper in English on a research topic of interest to be agreed with the Professor, who will support students in finding materials in English language and also by supervising students' research activity during dedicated meetings.