TEORIA GENERALE DEL DIRITTO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
There are no prescribed prerequisites in order to take the exam. However, a proper knowledge of the Philosophy of Law is strongly recommended.
The exam will consist of an oral test concerning the program and the topics discussed during the course, with general questions concerning the main theories illustrated and more specific questions related to the issues covered by the lessons. The final grade will be expressed out of thirty. In particular, the ability to refer the contents of the program, under the technical and the expressive viewpoint, to reason and to argue critically with regard to specific problems proposed during the course will be evaluated.
The course aims at presenting and exploring some fundamental (general and/or universal) legal concepts, on the basis of the contents offered by the positive legal order. The analysis of these concepts will be conducted in the light of the main theoretical currents, while seeking to highlight the relevance of the issues considered for the practice of law. The reading of some paradigmatic judgements will be proposed, and students will be guided to examine them.
The course therefore follows also a practical approach, seeking to provide students with some first tools for a theoretical as well as critical analysis of the legal reasoning, consistently with their actual skills.
At the end of the course, students are expected to show a proper knowledge of the main topics and concepts explored in the program and pertaining to different theoretical orientations. In particular, their ability to relate the theoretical and hermeneutical principles analysed with the specific examples of legal reasoning discussed during the course will be assessed.
In particular, the first part of the course is aimed at providing them with a solid basis concerning the main legal theories. The second part of the course is intended to stimulate their ability to reason on specific issues illustrated, by relating the most relevant theoretical and hermeneutical principles analysed to the examples of legal reasoning proposed.
The course will be divided into two parts:
a) an introductory part, devoted to the examination of the main theoretical developments of the discipline (15 hours);
b) a second part, focussed on the analysis of issues such as the concepts of law and norm, legal system and legal order, validity and effectiveness of the law, the functions of the law (20-25 hours). Main issues concerning the interpretation of the law and legal argumentation will be also considered.
M. JORI-A. PINTORE, Manuale di teoria generale del diritto, Giappichelli, Torino, ult. ed. (ISBN: 8834850688)
Materials concerning issued discussed during the course will be loaded on the e learning platform.
Any changes will be communicated in the course of the academic year.
The course will take place in the first half and it will be divided into about 35 hours.
Lessons will be delivered through the Microsoft Teams platform, in order to recreate the experience of face-to-face teaching and to encourage participation and direct contact with the students as much as possible. Materials on power point will be used during the course and will be made available.
Teaching will include introductory and general lessons, as well as lessons devoted to the examination of specific and current problems and topics and debates aimed at stimulating the critical attitude and reasoning.
Additional information may be requested at the end of the lessons. In any case, students can arrange a reception with the teacher by sending an e-mail to the following address: cristina.reale@uninsubria.it. Further details related to the course will be provided through the University website and the e-learning platform.