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GENERAL THEORY OF LAW
SCIENZE POLITICHE, STUDI INTERNAZIONALI, GOVERNO DELLE AMMINISTRAZIONI
GOVERNO DELLE AMMINISTRAZIONI [001PD]
EPP3049234 GENERAL THEORY OF LAW GIUSEPPE ZACCARIA EP2448
Educational activities in elective or integrative disciplines IUS/20 Philosophy of Law 6.0
Prerequisites: No specific previous knowledge is required.
Target skills and knowledge: By passing the exam students
(1) acquire knowledge on the features of legal normativity with regard to the wider phenomenon of regulation; legal norms; different legal orders, such as domestic, international and Communitarian ones, their relationships, as well as transnational law; on the process of application of law, namely with reference to interpretation and its role on the concretisation of law;
(2) become able to apply, also with a critical stance, foundations to the understanding of the relations between law and authority, law and political order;
(3) become able to properly use the legal and theoretical lexicon that is relevant to the topics covered by the syllabus;
(4) become able to recognize and analyse arguments and theoretical stances.
Examination methods: Final exam consists in a written exam that lasts two hours and articulated in three open questions covering the content of the course.
Students have six dates at their disposal to take this exam.
Assessment criteria: The colloquium score is from 18 to 30/30 cum laude.
In the colloquium students have to show (a) to have aquired knowledge on the features of legal norms and legal orders; on the function and theories of interpretation and argumentation in law; on the relation between legal normativity and political order (b) to be able to define notions and phenomena; (c) to be able to properly use the basic legal and theoretical lexicon that is relevant to the topics covered by the syllabus, also with reference to theoretical issues; (d) to be able to recognize arguments and theoretical stances.
Course unit contents: 1. Elements and structure of legal normativity:
(a) legal norm: structure, validity, effectiveness, efficacy;
(b) legal order: structure, theories, kinds (domestic, international, Communitarian, transnational law and relations between legal orders;
(c) law and political order: rule of law and judicial review;
(d) the concept of law: open issues and main theories;
(e) application of law and role and its role for the concretization of law;
2. Transformations of legal sources and forms of legal pluralism (15 hours) with reference to:
(a) increasing and new uses of soft regulation;
(b) globalization of law;
(c) governance as a model/style of regulation.
Planned learning activities and teaching methods: For each of the topics covered by the syllabus, classes will develop through:
(1) Lecturing, in which the teacher introduces the main notions and topics, also by using the tecnique of questioning;
(2) seminars with scholars/experts on some specific topics: in order to actively participate in the seminars students will be given preparatory readings through the distant learning platform;
(6) continuous self-assessment of the individual degree of understanding of the topics covered by the syllabus: through questionnaire that students are invited to answer at home and that are discussed during classes.
Slides that are used during classes, reading materials, self-assessment questionnaires and any further material/information for orienting students in going more deeply into some key-issues are sistematically delivered to students through the on line teaching platform "Moodle" (http://www.spgi.unipd.it/e-learning).
B. Pastore, F. Viola, G. Zaccaria, Le ragioni del diritto. Bologna: Il Mulino, 2017. limitatamente ai capitoli 3, 4, 5.
G. Zaccaria, La comprensione del diritto. Bari: Laterza, 2012. Limitatamente alla parte prima.