PHILOSOPHY OF LAW
Learning outcomes of the course unit
The first aim of the course is the acquisition of a solid knowledge of the philosophical fundaments of the Italian constitutional order and of the basic principles of the Italian democratic-republican Constitution. The second aim of the course is the acquisition of some instruments which are necessary for a gender approach to law, as well as for the promotion of a culture that respects pluralism and differences (such as, for example, gender difference).
Course contents summary
The course is divided into two parts. The first part deals with some fundamental issues referred to the legal and political philosophical thought derived from the principles set forth in the first three articles of the Italian Constitution. It aims to reconstruct "the philosophical grounds of constitutionalism". The second part offers a theoretical reconstruction of the feminist jurisprudence's reflections about rights. To this extent, issues such as equality/difference, universalism/contextualism, cultural pluralism, human dignity, bioethics challenges and institutional policies to promote parity will be examined.
Knowledge and comprehension abilities. General knowledge of the fundamental issues of the legal and political philosophical thought, starting from the concepts and principles of the first three articles of Italian Constitution, as well as the feminist jurisprudence's reflections about parity and rights; the ability to understand the institutional, political, social, economic and cultural aspects of human rights protection and their violations. Ability to apply knowledge and comprehension. Ability to analyze with awareness the critical aspects referred to the applicability of constitutional principles to pluralistic present contexts; acquisition of a theoretic-practical method to examine complex situations in academic and working contexts. Independent judgment. Ability to critically collect and interpret data and complex information in the specific study field (from the analysis of the applicable law and regulations). Communication skills. Ability to communicate information, ideas, problems and solutions to a non-specialist audience, with reference to the specific academic field, the proper lexicon and its critical articulation. The dialogue and the debate with the professor allow students to develop reflections and arguments in an efficient and direct way (in particular those students who attend the course); the final oral examination allows students to express the concepts developed throughout the course with an appropriate lexicon and to discuss their topics. Learning skills. Acquisition of references, instruments and learning abilities which are necessary to further develop the theoretical knowledge acquired and to apply this knowledge, consolidated by a practical analysis, also to other academic fields.
1) Augusto Barbera (a cura di), Le basi filosofiche del costituzionalismo, Laterza, Roma-Bari, 2007 o ristampe successive. 2) Thomas Casadei (a cura di), Donne, diritto, diritti. Prospettive del giusfemminismo, Torino, Giappichelli, 2015.
The course is made by 63 lesson hours (mostly traditional lessons). Essays and articles which are particularly relevant for the course's topics will be presented and analysed. Seminars, with the participation of relevant scholars and researchers, as well as experts of specific issues, will be offered to students. The whole course provides students a continuous interaction, through the dialogue and the debate with the professor.
Assessment methods and criteria
- Students who do not attend the course will be examined through an oral examination. An "inverted cone" structure will be followed, from general questions to more specific and detailed ones. A maximum of 6 questions will be asked. An average examination lasts about 30 minutes. - Students who attend the course will do a written test, at about the end of the lesson period. The test will be made by 30 multiple-choice questions (with 4 different choices for each question). The final examination is a traditional oral examination, with an "inverted cone" structure, from general questions to more specific and detailed ones. A maximum of 4 questions will be asked to those who will have passed the written test. An average examination lasts about 20 minutes. "Students who attend the course" are those who attend the lessons and pass the wrtitten test (both requirements are necessary).