GENERAL THEORY OF LAW AND STATE
-Knowledge and understanding skills
At the end of the course, the student must have acquired knowledge of the general methods and theories of law and the State.
Knowledge and comprehension skills are achieved through frontal lessons and meetings with students aimed at understanding the recommended texts and experimenting with reading strategies.
The method of verifying this knowledge and ability consists in taking the oral examination test.
-Ability to apply knowledge and understanding
As in all disciplines of a philosophical-legal nature, the course will try to propose the fundamental theories of the State and of law, specifically, from the modern age to the formation of the constitutional State.
In this way, we try to create the conditions to develop analytical skills oriented to the understanding of the contemporary world, in particular, related to the transformations of the State and of law, to the developments and problems of constitutional democracies, trying to historicize the problems against the dramatic and rampant ideology of the so-called post-verity age. The way to verify this ability to apply knowledge and understanding consists in taking an oral exam.
The final aim of the course, therefore, is to transmit a complex of knowledge capable of developing broad interpretative and critical skills.
At the end of the course, the student must be able to communicate, in a conscious way, legal-philosophical issues through a language that combines the necessary linguistic specialism with the concrete ability to apply to specific historical contexts. The verification of the acquisition of communicative skills takes place through the evaluation of the student's expository and argumentative capacity during the oral exam.
At the end of the course, the student must have acquired complete autonomy of learning and critical evaluation of the themes of the theory of law and the State, of the historical contexts in which they mature and of the prospects of transformation in them immanent.
The course requires a sufficient
general preparation resulting from the
high school. The exercises in
The purpose of the classroom, if necessary, is to
to strengthen historical knowledge, and
theoretical-legal useful for understanding
of the topics covered in the lessons.
The lessons of the course will be organized around the following
- the origins of the State and modern law;
- methods and theories of the State and of law;
- elements of the State: sovereignty, territory and population;
-the State and law: the State - a legal person,
State and Constitution;
- State and international law;
- State and constitution in Hegel's writing on the Constitution of Germany;
-The modern state in transformation in the state
contemporary constitutional: characters, structure, open problems.
- Historical-theoretical profiles of the State and of modern law (48 hours).
-State and constitution (8 hours.
- From the catastrophe of the first half of the twentieth century to the constitutional State (16 hours) .
Lessons, various meetings scheduled for reflection and practice of reading texts, their understanding, conceptual determination of content and exposure of them.
1. A. Mattioni, F. Fardella, Teoria generale dello Stato e della costituzione.
Un’antologia ragionata, II Ed., Giappichelli, Torino 2009;
2. A. LUONGO, Della verità che sta nella potenza. Hegel e la critica del diritto 'pubblico' tedesco nella Costituzione della Germania, Giappichelli, Torino 2018
3. V. OMAGGIO, Saggi sullo Stato costituzionale, Giappichelli, Torino 2015.
It will be held by means of an oral test.
Particular attention will be given to interviews
that will take place during the course. The
The purpose of the final evaluation is to verify the learning abilities,
knowledge and communication skills.
Active participation in lectures, seminars and receptions is particularly useful.