LEGAL THEORY

1. Understanding the Philosophical Nature of Legal, Ethical, and Political Issues in a Global Context: The course aims to foster a deep understanding of the philosophical underpinnings of legal, ethical, and political issues, particularly as they arise in a globalized legal environment. Students will explore foundational concepts such as justice, authority, legitimacy, rights, and moral responsibility, analyzing their role in diverse legal systems and transnational frameworks. Emphasis will be placed on how these ideas operate within a plurality of legal cultures and value systems. Through engagement with classical and contemporary texts in legal philosophy, case-based discussions, and comparative analysis, students will develop an awareness of how philosophical principles inform both domestic and global legal practices. 2. Learning the Core Concepts and Methods of Legal Theory, with Focus on Global Law Dynamics: This component introduces students to the principal categories and methodological approaches of legal theory, emphasizing their application within a global legal order. Students will gain familiarity with key branches of law – including constitutional, criminal, administrative, and international law – viewed through the lens of legal theoretical frameworks. Particular attention will be given to the global implications of legal positivism, natural law theory, legal realism, and critical legal studies, as well as to the ways in which these theories address issues of legal pluralism, global governance, and transnational justice. Legal reasoning, interpretation, and argumentation will be taught as tools to navigate the multiplicity of legal sources and traditions in a globalized legal landscape. 3. Acquiring Autonomous and Globally-Oriented Critical Thinking: A central aim of the course is to develop students’ capacity for independent and critical legal thinking in relation to global challenges. Students will be trained to critically assess legal arguments, identify normative assumptions, and reason across jurisdictions and legal cultures. Through structured debates, comparative exercises, and reflective writing, students will learn to synthesize insights from legal theory with practical legal analysis. This will empower them to critically evaluate the legitimacy and coherence of legal norms and institutions operating at both national and supranational levels, and to formulate original, well-reasoned contributions to ongoing legal debates in a global context. By focusing on these instructional goals, students will gain a comprehensive understanding of the philosophical nature of legal, ethical, and political issues, as they emerge in a global legal context. They will be equipped with the necessary tools to navigate the complexities of legal science – including its categories, methods, and influential theories – within and across diverse legal systems. Moreover, students will develop autonomous critical thinking skills, enabling them to engage with these subjects thoughtfully, analytically, and ethically, and to contribute meaningfully to legal debates in a transnational and culturally pluralistic environment.

None.

Knowledge and Understanding: Being able to demonstrate knowledge and understanding in the fields of study of legal theory and philosophy of law, within the broader context of a Global Law curriculum. This includes, supported by advanced textbooks, some aspects informed by knowledge of the forefront of current debates in these fields, particularly as they relate to legal systems and normative challenges in a globalized legal environment. Applying Knowledge and Understanding: Being able to apply knowledge and understanding in a manner that indicates a professional approach to work or vocation in legal contexts that increasingly transcend national boundaries. Students will develop competences typically demonstrated through devising and sustaining arguments and solving problems within the field of legal theory, especially in settings where legal pluralism, transnational governance, and intercultural considerations are at stake. Making Judgements: Showing the ability to gather and interpret relevant legal theories and arguments to inform judgements that include reflection on relevant social, scientific, or ethical issues, with particular attention to the global implications and intercultural dimensions of such issues in legal contexts. Communication Skills: Being able to communicate information, ideas, problems, and solutions to both specialist and non-specialist audiences, with clarity and precision, in a manner appropriate to complex legal environments that operate across jurisdictions and legal traditions. Learning Skills: Having developed those learning skills that are necessary to continue to undertake further legal study with a high degree of autonomy, particularly in the interdisciplinary and comparative dimensions that characterize advanced legal education in the field of Global Law.

I. What is Global Law? Giving Rules and Order to the World, in Theory and in practice (Prof. Filiberto E. Brozzetti) II. Legal theories about the Validity of Law (Prof. Alessandro Ferrara) III. Constitutional Theories (Prof. Alessandro Ferrara) IV. Theories of the Constitutionality of Constitutional Amendments (Prof. Alessandro Ferrara)

Mandatory readings: Rawls, J. (1996). Political Liberalism. Columbia University Press. From p. xxxv to p. 66 and from p. 133 to p. 254. Should your class notes and the slides provided not be sufficient, you can consult: Domingo, R. (2010). The New Global Law. Cambridge University Press. Wacks, R. (2020). Understanding Jurisprudence: An Introduction to Legal Theory (Sixth ed.). Oxford University Press. From p. 1 to p. 189, from p. 203 to p. 227, from p. 235 to p. 238, from p. 251 to p. 289, from p. 293 to p. 305, from p. 321 to p. 336 and from p. 341 to p. 356. Ferrara A., (2023). Sovereignty Across Generations: Constituent Power and Political Liberalism. Oxford University Press. From p. 93 to p. 216 and from p. 247 to p. 282. Please note: For non-attending students, all the indicated material is to be considered mandatory for taking the exam.

Acquisition: lectures, podcasts and online quizzes Practice: guest speakers, case study and simulation Investigation: analyzing ideas and information in a range of materials and resources Collaboration: small group project, discussing others’ output and building joint output Discussion: seminars, group based class discussion, synchronous and asynchronous discussion Production: essays

The assessment of learning is conducted according to the following criteria: - 15% of the final grade is based on attendance and active participation in class (7.5% for attendance and 7.5% for participation through contributions, opinions, initiatives, questions, and comments) - 30% of the final grade is based on the result of the written test on the first part of the course (multiple choice) - 55% of the final grade is based on the final oral exam The written test covers the topics taught from the start of the course until the day of the test. It is not mandatory: if you do not take it, you will be examined on the missing topics during the final oral exam. You may reject the written test grade, in which case you will also be examined orally on the related topics. The oral exam covers all topics for which you have not already received a grade. Please note: Non-attending students are required to study all the material listed in the syllabus without exception. Unjustified non-attendance will be evaluated negatively.

A strong interest in the subject matter and theoretical inquiry, along with critical thinking skills and intellectual engagement will be highly valued by the course chair.