Filosofia del diritto - ENG

Philosophy of law
PHILOSOPHY OF LAW

Prof. Marco Revelli

Code Teaching: GMO45
SSD Teaching: SSD JUS 20
9 CFU
Seat: Novara


Educational objectives
Teaching aims to provide the main concepts with which was carried out  was conducted in the field of philosophy the reflection on the themes of justice, the nature and foundations of the Law, the role and content of the Law, as well as on the nature of the political obligation and legitimacy. Given the breadth of the field of interest of the Philosophy of Law, in its many issues - ethical, ontological, phenomenological and methodological - was selected a specific path sufficiently articulated to provide a good repertoire of philosophical arguments, as represented by the relation between Natural law doctrine and positivism.

Course Content
The course is divided into an introductory part, devoted to the definition and description of the areas constituting the Philosophy of Law (Ethics, Ontology, Phenomenology, Methodology). A first part, then, is dedicated to the definition of the terms “Natural law and Legal positivism by following the indications offered by Norberto Bobbio in the book Giusnaturalismo e positivismo giuridico. A second part concerns the Doctrine of the ancients , including in this diction the aristotelian reflection (located in the more general model socratic-platonist-aristotelian ), that of the Stoics, the construction of the Romans thought contained in the Digesto, up to the Patristic (in particular the Augustinian description) and scholastic (Saint Thomas). A third part concerns the doctrine of modern (Hobbes, Locke, Kant) and the affirmation of the positivistic hegemony  with a concluding discussion on the contrast Kelsen-Schmitt

Prerequisites
None.


Course  texts

Norberto Bobbio, Giusnaturalismo e positivismo giuridico, Bari-Roma, Laterza (varie edizioni)
Lecture Notes downloadable from the web site of the Department


Teaching Methods
Frontal lectures.


Examination
Two intermediate tests written (response to questionnaire closed) and final oral examination.