TEORIA GENERALE DEL DIRITTO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
Knowledge of Constitutional Law and Private Law is required.
ATTENDING STUDENTS:
The exam will consist of an oral test concerning the topics discussed during the lectures, with both general and more specific questions regarding the issues covered. The final grade will be given expressed out of thirty, with honours where appropriate. Assessment will take into account the ability to refer the contents of the program, as well as to reason and argue critically with regard to specific problems proposed during the lessons.
NON- ATTENDING STUDENTS:
The exam will consist of an oral test on the full program, with both general and more specific questions. The final grade will be expressed out of thirty, with honours where appropriate.
Assessment will take into account the accuracy and quality of answers, mastery in the use of technical legal terminology as well as the ability to justify, arguing persuasively, claims and opinions.
The purpose of this course is to present and explore some fundamental (general and/or universal) concepts of the Law, and to evaluate how they are applied within the positive legal order. The analysis of these concepts will be conducted in the light of the main theoretical currents, seeking to emphasize their relevance 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, in order to provide students with some first tools for a theoretical and critical analysis of the legal reasoning, consistently with their actual skills.
At the end of the course, students will be able:
- to master the fundamental concepts of the general theory of law, examined in the light of the different doctrinal approaches;
- to express coherently and with appropriate and technical language; and
- to reason about the practical use of the theoretical principles and the main interpretive techniques analyzed during the course.
(a) a first introductory part, concerning the main theoretical approaches and their developments (approximately 15 hours);
(b) a second part, focusing on the analysis of specific topics such as: the concepts of law and norm; validity and effectivenes of legal norms; the relations between norm and sanction; the concept of the legal system; functions of the law. The main issues related to legal interpretation, logic and legal argumentation will also be examined (approximately 20 hours).
Attention will also be paid to any new legislative or jurisprudential developments, discussed with students.
The course will take place in the first semester and will consists of approximately 35 hours. During the course, use will be made of slides and other materials that will be commented on in class and made available to attending students on the e-learning platform.
Teaching will include:
- theoretical lectures, aimed at illustrating principles and concepts of the discipline;
- lectures focusing on specific issues and possibly suggested by current events;
- discussions on materials, aimed at stimulating the skills of analysis and critical reasoning on legal texts.
Additional information may be requested at the end of the lessons. In any case, students can agree a reception with the Professor 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.
ERASMUS students can attend classes in Italian and/or prepare a written paper in English on a research topic of interest to be agreed with the Professor, who will support them in finding materials in English language and will also supervise their research activity during dedicated meetings.