POLITICAL THEORY OF LAW
Learning outcomes of the course unit
This course aims at providing a critical understanding of the politcal significance of legality, accounting for its moral background, its instrumental and non-instrumental value, and its use in state and extra-state context.
At the end of the course students should:
know the elements of production and adjudication of law within supranational spaces;
analyze and understand political implications thereof;
form and communicate personal interpretations.
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.
Students attending lectures should study:
G. Palombella, E' possibile una legalità globale?, Il Mulino, Bologna, 2012. Further references will be given during lessons
Students who cannot attend lectures should study:
M.R. Ferrarese, Prima lezione di diritto globale, Laterza, Roma-Bari, 2012, pp. 1-170;
B. Pastore, Interpreti e fonti nell'esperienza giuridica contemporanea, Cedam, Padova, 2014, pp. 1-163.
The contents of the course will be presented in frontal lessons, following the slides uploaded on Elly.
In order to download the slides enrolment for the online course is required.
Slides are part of the teaching materials.
Assessment methods and criteria
Oral examination. The examination 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.