POLITICAL THEORY OF LAW
Learning outcomes of the course unit
This course is intended to offer critical understanding of the politcal signifcance of legality, accounting for its moral background, its instrumental and non-instrumental value, and its use in state and extra-state context.
It is of help for the student to be aware of some fundamental notions in political philosophy, international and european law.
Course contents summary
This course is devoted to the role of the Rule of law principle, and analyses its historical evolution, firstly within the realm of the State, and secondly in the wider realms of international relations and of global governance. The main subjects revolve around the transformations due to the 'global governance' turn, on one side, and on the other the present role of law and the rule of law Principle beyond the State. Judicial debates and case law shall be constantly taken into account.
The main themes shall be as in the following: The Rule of law and the European Legal State. the meaning and the transformation of global governance. The Global Administrative Law. Formats of law, from jus gentium, to medievalism, to the present State and global law. The problems of legality beyond the State. The rule of law and its potential. The confrontation among legalities on the globe. The moral roots, the political roots, and the legal nature of the idea of publicness, in the State and in the global arena.
Although reference bibliography can be seen as it appears in the book by G. Palombella, E' possibile una legalità globale? (Il Mulino Bologna 2012), the course shall offer more detailed materials on a case by case basis during the teaching hours.
letures and seminars.Lectures and seminars. Lectures shall expose at length historical evolution of the contents of the course; they shall also focus on the theoretical controversies, and on the core meanings and articulation of diverse conceptions regarding the law. Seminars shall more specifically address additional questions, especially those that can be grasped after larger knowledge, and require an extended dialogue with the students. Seminars can also aim at enlarging the subjects already treated in the lectures, by addressing problems in contemporary practice of law and politics.
Assessment methods and criteria
Oral examination.Oral Examination: It shall revolve around the themes enumerated in the description of the course. The candidate shall have to show his/her knowledge, mastering necessary notions pertaining to them. It shall be necessary to achieve adequate competence, in order to expose the course's subjects in a reasoned way, giving arguments pro and contra, comparing diverse conceptions of the relationships between law, institutions, and politics, and attempting at autonomous appraisal of the implications to be traced back to diverse theoretical views.