LEGAL THEORY

Anno accademico 2021/2022 - 1° anno

Obiettivi formativi

Knowledge and comprehension
The course aims at introducing students to a number of major topics in Legal Theory, focusing particularly on the contemporary developments of the classical theories of law. The general goal is to acquaint students with a theoretical background encouraging a critical method in considering social, political and legal institutions.
Ability to apply knowledge and comprehension
Analysing some basic questions, associated with the classical terms of the legal-philosophical debate, we will also focus on main contemporary practical and normative applications coming from these debates. Besides, we aim at offering a critical review of the most important current paradigms in Legal Theory in the light of the Nation-State crisis and within the concrete perspective, for lawyers too, of post-national legal and political institutions.
Making judgment
The course aims to develop student’s ability to independently upgrade their knowledge and to formulate judgements in complex theoretical situations, especially those that have an impact on the evolution of the law. This acquisition of critical and interpretative skills revolved to mature an autonomy of judgment also through the active participation in conversations called in class.
Communication skills
Throughout the course, suggestions and advice will be provided to the student to adequately address the proposed issues in order to achieve a qualitatively significant learning. The essentially dialectical structure of the lessons will allow the student to proceed in the learning with autonomy and critical sense. This continuous interaction process will also be useful to the teacher, who, based on the questions and doubts posed by the student, will be induced to confront the level of learning attained.
Learning skills
The student will be encouraged to carefully take care of the ability to communicate the acquired knowledge in a clear, essential and scientifically correct way and to support the argumentative comparison convincingly. To this end, he will often be invited to discuss the philosophical issues underlying the normative dimension, using appropriate language, in an attempt to also improve his argumentative skills and language property


Modalità di svolgimento dell'insegnamento

Frontal lecturing and powerpoint presentations

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

Learning assessment may also be carried out on line, should the conditions require it.

Informazioni per studenti con disabilità e/o DSA
A garanzia di pari opportunità e nel rispetto delle leggi vigenti, gli studenti interessati possono chiedere un colloquio personale col docente in modo da programmare eventuali misure compensative e/o dispensative, in base agli obiettivi didattici ed alle specifiche esigenze.
È possibile rivolgersi anche al docente referente CInAP (Centro per l’integrazione Attiva e Partecipata - Servizi per le Disabilità e/o i DSA) del nostro Dipartimento, prof. Condorelli.


Prerequisiti richiesti

Per le propedeuticità formali consultare il regolamento didattico della coorte di riferimento disponibile nella pagina dedicata http://www.lex.unict.it/it/chi-siamo/regolamenti-didattici-del-corso-di-laurea-magistrale-ciclo-unico-giurisprudenza-lmg01


Frequenza lezioni

Highly recommended


Contenuti del corso

The course is divided into two parts: the first one (“general part”) is dedicated to the examination of the fundamental concepts of the discipline and of the main currents of thought; the second one ("special part") instead deals to dwell on the dilemmas of law and, especially, on the problematic relationship between law and morality. The lectures on “Heraclitus, Al-Farabi and Wollstonecraft: on the Concept of Law” will be held by Professor Emiliano Acosta (Vrije Universiteit Brussel/Ghent University)


Testi di riferimento

The course material consists of powerpoint presentations, articles and readings from textbooks and scientific journals provided by the teacher



Programmazione del corso

 ArgomentiRiferimenti testi
1Preliminary questionsStudium 
2The origins of lawStudium 
3Natural law theoriesStudium 
4Legal positivism Studium 
5Legal realismStudium 
6Radbruch’s formulaStudium 
7Heraclitus’ concept of law Studium 
8Al-Farabi’s concept of lawStudium 
9Wollstonecraft’s concept of lawStudium 
10Kelsen versus Schmitt? Studium 
11 Hart’s concept of law Studium 
12Hart-Fuller debateStudium 
13Dworkin’s interpretivismStudium 
14The case of the speluncean explorersStudium 
15The new frontiers of lawStudium 

VERIFICA DELL'APPRENDIMENTO

Modalità di verifica dell'apprendimento

The students will be evaluated on the basis of their performance in the following assignments: 1) midterm examination (written); 2) final examination (oral). The test/exam will be assessed according to the following criteria established by the Board of the Degree Course (September 17, 2018): a) aptness of answers;
b) quality and comprehension of the syllabus; c) ability to link different topics of the syllabus; d) ability to show examples; e) use of jargon and terms of art; f) general communicative skills; g) familiarity with legal texts.

The test/exam will be assessed according to the following criteria established by the Board of the Degree Course (September 17, 2018):

  • aptness of answers
  • quality and comprehension of the syllabus
  • ability to link different topics of the syllabus
  • ability to show examples
  • use of jargon and terms of art
  • general communicative skills
  • familiarity with legal texts

Learning assessment may also be carried out on line, should the conditions require it.


Esempi di domande e/o esercizi frequenti

1. Could you illustrate the concept of law according to Herbert Hart?

2. Could you briefly explain the Hart-Fuller debate and its implications?

3. Could you describe the Case of the Speluncean Explorers?

4. Could you depict the Radbruch’s formula?

5. Could you talk about Grundnorm in Kelsen’s theory?