law

The teaching program is as follows: Part I: general concepts and context (10 hours) - difference between law and law - idea of ​​the right - law and freedom Part II: in-depth study of the course topics (50 hours) - the theory of legal interpretation - types of interpretation - legal hermeneutics and functional hermeneutics - hermeneutics crisis Part III: critical analysis (12 hours) The course aims to provide tools for understanding legal hermeneutics in order to integrate the knowledge of the rules with a legal-philosophical culture. The student is led to consider the formation of a lawyer in a European context, from globalization, where a decisive role is played by the hermeneutic method. The issues of the philosophy of law. Analysis of the differences between the interpretation of law and the general theory of law. Consideration about law and juridical reason. Differences and comparison between law and other phenomena of the human life (ethics, economy etc). The binomial legal reason and procedural reason: their effects on the interpretation of law. Genesis of law and its genealogy. The issue of the legal claim versus the anxiety of legitimation. The legal judgment, the art of the interpretation. The function of ‘the juridical concepts’. The third-ness of rules. Praxis of right in its distinction between fact and phenomenon: phenomenology of law. Will also be clarified the peculiar difference between hermeneutics, interpretation and legal reasoning. The course aims to provide tools of critical faculty and method. Integrate the knowledge of the rules with a legal-philosophical culture aimed at becoming aware of the difference between the rules and the law. Consider the formation of the jurist in a legal cultural context in which philosophy and science play an incisive role. The teaching program foresees that one arrives at a knowledge and understanding of texts with the possibility of elaborating original ideas in a context of discussion and research. Furthermore, it aims to address the ability to correlate theory and practice, to integrate acquired knowledge and manage complexity, as well as to make judgments based on limited or incomplete information, including reflection on legal responsibilities related to the application of their knowledge and judgments and the ability to communicate the conclusions clearly, motivating the underlying rationale behind them. All supported by the acquisition of elements that allow you to study independently.

Knowledge of the concepts of general theory of law.

The course aims to provide tools for understanding legal hermeneutics in order to integrate the knowledge of the rules with a legal-philosophical culture. The student is led to consider the formation of a lawyer in a European context, from globalization, where a decisive role is played by the hermeneutic method. The issues of the philosophy of law. Analysis of the differences between the interpretation of law and the general theory of law. Consideration about law and juridical reason. Differences and comparison between law and other phenomena of the human life (ethics, economy etc). The binomial legal reason and procedural reason: their effects on the interpretation of law. Genesis of law and its genealogy. The issue of the legal claim versus the anxiety of legitimation. The legal judgment, the art of the interpretation. The function of ‘the juridical concepts’. The third-ness of rules. Praxis of right in its distinction between fact and phenomenon: phenomenology of law. Will also be clarified the peculiar difference between hermeneutics, interpretation and legal reasoning.

lectures, study groups Learning outcomes expected from teaching: Knowledge and ability to understand texts with the possibility of elaborating original ideas in a context of discussion and research. Ability to correlate theory and practice, integrate acquired knowledge and manage complexity, as well as make judgments based on limited or incomplete information, including reflection on legal responsibilities related to the application of their knowledge and judgments. Ability to communicate the conclusions clearly, motivating the underlying rationale behind them. Acquisition of elements that allow you to study independently.

Lectures, study groups, seminars. During the course, in addition to the lectures, a series of initiatives is activated to assess students' participation in the issues addressed. In this regard, study groups are organized in which the exchange between teachers and learners is essential to the research of the topics to be treated in the seminars.

The exam is structured according to a progressive evaluation that is acquired during the semester, through interactive scheduling interviews that integrate the lectures of frontal teaching. Students can take the exam by choosing two topics from the exam texts, one for each book. The exam texts are as follows: V. Jankélévitch, Dalla giustizia all'equità, Torino, 2022 B. Romano, Principi generali del diritto, Torino 2015 Communications take place via the e-learning platform, where the papers prepared by the students are published and all the teaching material useful for the preparation of the exam and the interviews. To pass the exam you must obtain a grade of not less than 18/30. The student must demonstrate that he has acquired sufficient knowledge of the topics covered during the course, related to legal hermeneutics, a basic knowledge of the topics that historically set the stages of interpretation, and be able to elaborate a critique of the functional hermeneutics. To achieve a score of 30/30 cum laude, the student must demonstrate that he has acquired excellent knowledge of all the topics covered during the course, being able to link them in a logical and consistent way.

The bibliography will be provided during the course. The bibliography is essentially based on classical hermeneutics texts: Schleiermacher, Dilthey, Betti etc. The texts are selected and proposed to the students during the course. Students can take the exam by choosing two topics from the exam texts, one for each book. The exam texts are as follows: V. Jankélévitch, Dalla giustizia all'equità, Torino, 2022 B. Romano, Principi generali del diritto, Torino 2015

lectures, study groups Learning outcomes expected from teaching: Knowledge and ability to understand texts with the possibility of elaborating original ideas in a context of discussion and research. Ability to correlate theory and practice, integrate acquired knowledge and manage complexity, as well as make judgments based on limited or incomplete information, including reflection on legal responsibilities related to the application of their knowledge and judgments. Ability to communicate the conclusions clearly, motivating the underlying rationale behind them. Acquisition of elements that allow you to study independently.