PHILOSOPHY OF LAW

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA VA
Academic year when starting the degree: 
2021/2022
Year: 
1
Academic year in which the course will be held: 
2021/2022
Course type: 
Basic compulsory subjects
Seat of the course: 
Varese - Università degli Studi dell'Insubria
Language: 
Italian
Credits: 
9
Period: 
First Semester
Standard lectures hours: 
55
Detail of lecture’s hours: 
Lesson (55 hours)
Requirements: 

Requirements have not been adopted

Final Examination: 
Orale

Ways of learning tests
During the course, as a measure to verify constant development, at the start of every lesson a student (chosen at random) will be invited to exhibit in a concise speech contents of the previous lesson. This exposure, in addition to serving to the teacher like parameter to possibly regain some issues, will also held in consideration in regard to the final vote, which will consist of a final written test, six (6) open-ended questions at the end of the course. Student who will pass that examination could opt to keep the result as a final test, while those who fail to overcome Will must take the oral examination provided for in the dates of the exams approved by the Board of Department. Students who do not attend lessons diligently must prepare for the exam, exclusively in oral form, on texts already mentioned.

Assessment: 
Voto Finale

Course objectives
At the end of the course the student will be able to use appropriate tools to move within a theoretical-philosophical reflection of the Law as a form of social coexistence. The main objective of the course is to reflect together (Professor and students) about legal phenomenon as a prescriptive form of human conduct, trying to same time, to distinguish it from other normative sphere as moral and social rules. In this sense, the student will be able to develop a critical reflection on the problem of Justice and the main theories on it, and most importantly, about the role of law in this sense. For this purpose, the course will focus goals of student on issues as the application of the rule, the role of the judge, and the neocostitutionalism arose after the second half of the last century

Course contents
The key themes of the course are:
. The law as a normative sphere of conduct.
. Relationships (differences and points in common) between Law and Moral and social rules.
. The main legal concepts: rule, order, sanction, penalty.
. The pure theory of law of Hans Kelsen
. H. L. Hart and the right
. The idea of justice
. Specific cases: bioethics
. Neocostitutionalism and the principles of Law

1. Concept of law
2. Distinction between law, morality and custom (N. Bobbio)
3. Concept of legal norm: Hans Kelsen, H. L. Hart.
4. The law after the 2nd world war
5. The crisis of legal positivism
6. Flexible constitution and rigid constitution
7. Subjective Rights and Fundamental Rights
8. Rule of (legal) Law
9.Rule of (constitutional) Law Fundamental rights
10. Constitutionalism beyond the State

Books and other didactics material
1. Luigi Ferrajoli, La costruzione della democrazia. Teoria del garantismo costituzionale, Laterza, Roma-Bari, 2021.

3. Adrian Renteria Diaz, Diritto, diritti e garanzie nello Stato costituzionale, Giappichelli, Torino, 2021.

Other support materials will be made available to students in the
e-learning platform.

Convenzionale

Educational activitities
The course of study will be developed in 55 hours of lectures in-person and, at the same time, remotely on the Teams platform. In addition will be held the in which will be held the seminars on specific topics. E-learning platform will be used trying to exploit all the opportunities, from the provision of student issues addressed during discussions on-line, and generally for all communications related to teaching, even if the teaching method were to be changed according to the Covid emergency

Further information
The professor will be available to receive the students at times that will be made public in the "avvisi" section.
He can be contacted to arrange any meetings - both in presence and online - at the address: adrian.renteriadiaz@uninsubria.it