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“The jurist will be able to know what, at a given time and place, law prescribes, but whether what law prescribes is right or not, that he is not able to know, unless he will look for the source of his own judgments in reason (Vernunft)” (Immanuel Kant). Immanuel Kant’s challenge reveals founding dichotomy of philosophy of Law. Inquiry about connection between Law and Society, contains both the factual experience of Law and the strain towards what Law ought to be. In other words: the search for justice, which rises from the experience of its denial, from experience of injustice. The need of inquiring into the interferences and connections between Law and Philosophy gets back strongly nowadays, facing decline of State-Nation and facing the necessity of a new cosmopolitism. |
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No prerequisites have to be met to follow this teaching. |
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The teaching is articulated on two levels: first one is an institutional level, which inquiries the great, classical concepts of philosophical theory of Law, second is a monographic and specialized one, dedicated to investigation of some modern and contemporary theories which face the link between Law and Violence. Epistemologic proposal of the course is articulated around the chance of thinking a new kind of Law, fraternal, able to overtake ostility and struggles always hiding in the folds of haughty globalism. |
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Topics discussed in the course deal with language and words of Law, Right and Justice, Law and Sovereignty, Legality and Legitimacy, Space and Time of Law. Even some practical, jurisprudential cases will be faced into. |
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Students can choose and study one text between the three following: Passerin, La dottrina dello Stato, Torino, 2009; or J.J. Rousseau, Il contratto sociale, Einaudi; or T. Hobbes, Leviatano, Laterza (from chapter XIII to chapter XXI included). |
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Exercises of various kind will be proposed. Both summing up-exercises and researching and inquiring trainings will be requested. |