GENERAL THEORY OF LAW
Learning outcomes of the course unit
The course has the intention to reflect on the meaning
of Justice according with juridical science with stimulating literary examples.
Course contents summary
From the classical figure of Justice orally transmitted,with exemples of poets as expression of natural law, to written codes in civil law countries. Comparisons with anglo-saxon countries.
Juridical Positivism and its main principles.
The objective of the course is the perception of the concept of justice as a widespread knowledge frequently evoked in people’s conscience.
The first step is the perception of the meaning of natural law orally transmitted among people.
Examples will be found in Greek tragedy and in latin Literature (Sophocles, Plato, Tucidides).
In the following centuries human ratio and man’s
intellectual means have diverted attention to written law from Roman Empire to Enlightment Era with the help of written codes in civil law European countries.
The main alternative have been common law countries where the only binding rules were represented by people uses and former judgments (stare decisis).
In civil law countries codes have always been technical instruments for lawyers, logically selfsufficient to be interpreted.
The following step will be Hans Kelsen theory of juridical positivism specially referring to the single juridical rule and to the entire legal system.
Literarian examples will be found in Francois Rabelais (the decision through dices), the trial as a nightmare (Kafka, Dickens, Lewis Carroll, Durrenmatt).
As a conclusion, the trial where justice finds its realization and sanctions (death punishment included) as its proper ending.
Hans Kelsen, Lineamenti di dottrina pura del diritto, Torino, Einaudi, 2000
Eva Cantarella, Il ritorno della vendetta, pena di Morte: giustizia o assassinio, Milano, Bur 2007.
Oral lecture, case studies.
Assessment methods and criteria
Individual oral examination.