PHILOSOPHY OF LAW

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Single discipline educational activity

Course Sheet

Course code:

00057L

Academic Year of enrolment:

2021

Year of supply:

2021/2022

Type of Course:

Basic

Degree:

Course of 1st Cycle Degree in BUSINESS LAW

Disciplinary Sector:

Philosophy of Law

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

SERPE Alessandro

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

153

Prerequisites:

Neither specific knowledge and skills are required nor prerequisites. The frequency of the course lectures is highly reccomended in order to properly comprehend the legal-philosophical issues, the methodology and acquire professional skills

Objectives

The course aims at providing a legal-philosophical training with the means of critical tools and at achieving theoretical and technical solid basis for the analysis and solution of jurisprudential problems. In particular, the course provides a philosophical reflection on the law and the main juridical concepts, in view of an appropriate understanding of the legal institutions, their evolution and the legal-historical-philosophical- context of reference. Philosophical knowledge is placed in constant connection with positive law in force, so as to make the student appreciate the importance they assume for the purpose of the comprehension of the law. The course aims at training jurists, legal operators and those who intend to work in private and public companies, in the third public sector and in the public administration.

Contents

Law in the light of the three legal-philosophical currents such as: natural law, legal positivism and legal realism. Special focus will be given to the basic assumption of Kelsen’s pure theory of law; Bobbio’s own legal positivism within Italian legal culture; Hart’ and Ross’ s concepts of law and legal theory. There will be placed emphasis on the analysis of the basic legal concepts and finally, on the purpose of legal philosophy and on the relations between the major classic positions on the traditional themes and the contemporary legal-philosophical thinking.

Extended Syllabus

PHILOSOPHY OF LAW
Course available for Erasmus incoming students

- main tenets of the three legal-philosophical currents such as: natural law, legal positivism and legal realism:
- the basic assumption of Kelsen’s pure theory of law;
- Bobbio’s own legal positivism within Italian legal culture; - Hart’ and Ross’s concepts of law and legal theory:
- the analysis of the basic legal concepts;
- the purpose of legal philosophy and on the relations between the major classic positions on the traditional themes and the contemporary legal-philosophical thinking.
Bibliography:
H. Kelsen, Pure Theory of Law, the Lawbook Exchange, LTD, Clark, New Jersey, 2005. Chapters: I, II, II, IV, V, VI, VII;
A. Serpe, The doubting philosopher: Norberto Bobbio. Outlines of his legal philosophy within Italian legal culture, Oslo 2008. Chapters: introduction, II, III;
H. Hart, The Concept of Law (3rd edition), Oxford 2012. Chapters: II, IV, V, VI, VII, VIII, IX;
A. Ross, On Law and Justice, Oxford University Press 2016. Chapters: II, III, VI, X, XI, XII;
D. Patterson, A Companion to Philosophy of Law and Legal Theory (ed. by), Wiley-Blackwell, Oxford 2010. (Free choice of at least 3 critical essays).

Recommended Bibliography

H. Kelsen, Pure Theory of Law, the Lawbook Exchange, LTD, Clark, New Jersey, 2005. Chapters: I, II, II, IV, V, VI, VII; A. Serpe, The doubting philosopher: Norberto Bobbio. Outlines of his legal philosophy within Italian legal culture, Oslo 2008. Chapters: introduction, II, III; H. Hart, The Concept of Law (3rd edition), Oxford 2012. Chapters: II, IV, V, VI, VII, VIII, IX; A. Ross, On Law and Justice, Oxford University Press 2016. Chapters: II, III, VI, X, XI, XII; D. Patterson, A Companion to Philosophy of Law and Legal Theory (ed. by), Wiley-Blackwell, Oxford 2010. (Free choice of at least 3 critical essays)

Methods of Provision

Conventional

Teaching Methods

Evaluation methods

Verification of learning:

Written pre-exam (for attendees, only) consists of questions concerning legal-philosophical issues (mandatory). To pass the exam candidates must obtain a positive evaluation on the topics and prove both an appropriate study method and sufficient critical skills. Those who obtain an overall positive evaluations shall pass a following oral test. A (solely) oral exam is needed for unattended students.

Contacts/More Information

Email:alessandro.serpe@unich.it
Students receiving day (by previous email): Thursdays: 11:30-13:00

Other courses

Course year: 1

CONSTITUTIONAL LAW
9 Credits - Basic
FOUNDATIONS OF EUROPEAN LAW
12 Credits - Basic
PHILOSOPHY OF LAW
9 Credits - Basic
PRIVATE LAW
9 Credits - Basic
POLITICAL ECONOMICS
9 Credits - Characterising
OPTIONAL COURSE
6 Credits - Elective Course
THEORY OF LEGAL INTERPRETATION AND ARGUMENTATION
6 Credits - Elective Course
ENGLISH LANGUAGE
3 Credits - Language/Final Examination
INTERNATIONAL LEGAL ENGLISH
3 Credits
CARRER DAY
1 Credits - For stages and internships

Course year: 2

INTERNATIONAL LAW
9 Credits
ADMINISTRATIVE LAW
9 Credits - Characterising
BUSINESS ADMINISTRATION
9 Credits - Characterising
COMMERCIAL AND CORPORATE LAW
9 Credits - Characterising
COMPARATIVE PRIVATE LAW
6 Credits - Characterising
COMPUTER SCIENCE
6 Credits - Characterising
FORENSIC STATISTICS
9 Credits - Characterising
TAXATION LAW
9 Credits - Characterising
TRANSPORT LAW
6 Credits - Characterising
BANKING LAW
6 Credits - Related/Supplementary
CIVIL LIABILITY
6 Credits - Related/Supplementary
HUMAN RESOURCE MANAGEMENT
6 Credits - Related/Supplementary
MEDIATION AND ADR LAW
6 Credits - Elective Course
OPTIONAL COURSE
6 Credits - Elective Course

Course year: 3

CIVIL PROCEDURE
9 Credits - Characterising
CRIMINAL LAW
9 Credits - Characterising
LABOUR LAW
9 Credits - Characterising
EUROPEAN UNION LAW
6 Credits - Related/Supplementary
FINANCIAL REPORTING
9 Credits - Related/Supplementary
INDUSTRIAL RELATIONS LAW
6 Credits - Related/Supplementary
PUBLIC ENVIRONMENTAL LAW
9 Credits - Related/Supplementary
FINAL EXAMINATION
6 Credits - Language/Final Examination
FORMATIVE STAGE
6 Credits - For stages and internships

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PHILOSOPHY OF LAW