BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
Law is not merely a problem-solving tool; rather, it raises fundamental theoretical and philosophical questions concerning its conceptual framework, its foundations, and its relationships with morality, justice, politics, and technology.
Studying law and preparing for a professional career in the legal field also requires an awareness of these theoretical and philosophical dimensions.
This course is specifically designed to address this need.
Upon completion of the course and following the study of the assigned textbooks and the e-learning materials provided, students will have achieved the following objectives:
- awareness of the theoretical and philosophical implications inherent in legal studies;
- knowledge and understanding of key concepts in the general theory of law and selected paradigmatic issues in legal philosophy;
- the ability to analyze texts by legal philosophers from different historical periods and schools of thought, situating them within their theoretical and historical contexts;
- foundational competence in textual analysis, which may also be applied in disciplines beyond legal philosophy;
- the ability to understand and use the specific terminology of the discipline, along with its conceptual and argumentative tools.
Course Prerequisites
Teaching Methods
The lectures are designed to foster the development of students' critical thinking skills, autonomous judgment, and personal reflection on the topics addressed.
While the teaching will mainly follow a traditional format, active student participation will be strongly encouraged.
Foundational concepts will be introduced at the beginning of the course to ensure that all students, including those with no prior background in philosophy, acquire the necessary tools to engage effectively with the subject matter.
A portion of the course will be dedicated to the close reading and analysis of texts by legal philosophers from different historical periods.
This approach aims to promote a direct and concrete engagement with key themes in the philosophy of law, and to facilitate the acquisition of its characteristic lexical, conceptual, and argumentative tools.
Textual analysis is proposed as an alternative to rote learning and as an opportunity to develop transversal skills essential to students’ academic training.
All teaching materials used during the course are an integral part of the exam preparation and will be made available to students on the 2026-2027 e-learning platform.
Attendance is highly recommended.
Assessment Methods
The final examination is oral and follows the order of registration for the exam session. In the event of non-attendance, students are kindly requested to cancel their registration or provide advance notice by e-mail.
The e-learning materials provided and the textbooks indicated are complementary and should be considered equally important for exam preparation.
For all students, whether attending or non-attending, the oral exam will cover at least three topics selected from those addressed in the textbooks listed on Leganto (only the specified sections) and in the e-learning materials available on the 2026-2027 platform.
The exam is graded on a 30-point scale, with passing grades ranging from 30/30 cum laude to 18/30. The final grade will be based on the following criteria:
- breadth and solidity of the knowledge acquired;
- understanding of the topics studied;
- ability to independently analyse texts by legal philosophers;
- ability to present arguments in a reasoned manner, going beyond rote or mechanical repetition;
- clarity of expression and mastery of the discipline’s specific terminology.
To pass the exam, it is necessary to demonstrate sufficient knowledge of both assigned textbooks and the e-learning materials.
Contents
Essential concepts regarding
- relationships between law and everyday experience;
- law and rights;
- positive law and natural law;
- Civil Law and Common Law traditions;
- the specificity of legal norms in relation to other normative systems;
- the legislative State and the constitutional State; - logic and legal reasoning;
- ethical and legal dimensions of artificial intelligence.
Overview of the history of legal philosophy: analysis of selected texts by authors such as Sophocles, Cicero, Austin, Kelsen, Hart, Olivecrona, Ross, Llewellyn, Frank, Alexy, MacCormick, and Weinberger.
Online Resources
More information
Erasmus students, as well as those with an Individualized Education Plan or a Personalized Learning Plan, are invited to contact the Professor during class hours.