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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
No specific knowledge and skills are required for a profitable learning, nor are any preparatory requirements.
Objectives Contents Law in the view of the three legal-philosophical currents such as: natural law doctrines, legal positivism and legal realism. Special focus will be given to the basic assumptions 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 basic legal concepts and finally, on the purpose of legal philosophy and on the relations between the major classic perspectives on the traditional themes and the contemporary legal-philosophical thinking.
Extended Syllabus PHILOSOPHY OF LAW
- main tenets of the three legal-philosophical currents such as: natural law, legal positivism and legal realism:
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 Teaching Methods Neither specific knowledge and skills are required nor prerequisites. The frequency of the course lectures is highly recommended in order to properly comprehend the legal-philosophical issues and the underlined methodology involved, thus acquire professional skills.
Evaluation methods Verification of learning:
The written pre-exam (for attendees, only) consists of questions concerning legal-philosophical issues. 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 non-attending students.
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