TEORIA GENERALE DEL DIRITTO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Delivery method
- Teaching methods
- Contacts/Info
The student must have previously passed the Philosophy of Law course
During the course, as a measure to verify constant development, at the start of every lesson a student (chosen at random, unless someone offers voluntarily ) will be invited to exhibit in a concise speech contents of the previous lesson. This exposure, in addition to serving to the teacher like parameter to possibly regain some issues, will also held in consideration in regard to the final vote, which will consist of a final written test, six (6) open-ended questions at the end of the course. Student who will pass that examination could opt to keep the result as a final test, while those who fail to overcome Will must take the oral examination provided for in the dates of the exams approved by the Board of Department. Students who do not attend lessons diligently must prepare for the exam, exclusively in oral way
Purpose: the fundamental purpose of the course is to underline that beyond the contents of positive law there are structures and categories that remain fixed.
Expected learning outcomes:
At the end of the course, the student will recognize the contents of positive law as something changeable, distinguishing them from what remains of it, that is the founding categories: norm, order, justice, legislation, jurisdiction, form of government
1. Legal positivism:
a) normativism
b) legal realism
2. Natural law
3. Constitutionalism
guarantor
4. Constitutionalism
principialist
5. Separation of
powers
6. Democracy
7. Form of state e
form of government
The teaching program includes an in-depth examination of some notions already addressed - albeit only marginally - in the Philosophy of Law course: Theory, Theories in descriptive function and theories in prescriptive function, Legal positivism, Natural law, Neo-constitutionalism, Principialism (guarantor and principialist) , Justice, Jurisdiction, Legislation, Democracy and the Rule of Law
Lessons will take place in accordance with the provisions established by the University according to government measures relating to the health emergency. The frontal lesson will be privileged, favoring student's active participation
The professor will be available to receive the students at times that will be made public in the "avvisi" section.
He can be contacted to arrange any meetings - both in presence and online - at the address: adrian.renteriadiaz@uninsubria.it