GIU0704 - TEORIA GENERALE DEL DIRITTO

courses

ID:

GIU0704

Duration (hours):

35

CFU:

SSD:

FILOSOFIA DEL DIRITTO

Year:

2025

Date/time interval

Primo Semestre (26/09/2025 - 14/12/2025)

Course Objectives

This course aims to introduce students to key general and/or universal theoretical concepts of law and to examine their application within the context of the positive legal system. Core concepts—such as justice, legal order, legal norm, sanction, and sources of law—will be explored through the lens of major doctrinal traditions in legal theory. Special emphasis will be placed on the contemporary relevance and practical implications of these concepts in legal practice. To support this, students will engage in the critical reading and discussion of selected judicial decisions during class sessions. In addition to its theoretical dimension, the course also adopts a practical approach, offering students essential tools for analyzing and deconstructing legal-theoretical reasoning. By the end of the course, students will be able to: * Demonstrate a solid understanding of the fundamental concepts of general legal theory and major doctrinal schools; * Communicate legal-theoretical knowledge using coherent arguments and technically accurate legal language; * Analyze and reflect critically on the practical application of theoretical principles and interpretative methods discussed in class.

Course Prerequisites

Knowledge of Constitutional Law and Private Law is required.

Teaching Methods

The course is divided into two parts: a) The first part (approximately 15 hours) serves as an introduction and is dedicated to the development of the discipline, along with an overview of the main theoretical schools of thought. b) The second part (approximately 20 hours) focuses on the analysis of specific topics, including: the concepts of law and legal norm, the validity of legal norms, the relationship between norm and sanction, the concept of legal order, and the functions attributed to law. Particular attention will also be given to key issues related to legal interpretation, legal logic, and legal argumentation. Attention will be paid to recent legislative or jurisprudential developments, which will be discussed in class with the students.

Assessment Methods

Attending Students: The exam will consist of an oral interview covering the topics discussed during the lectures. It will include both general questions and more specific ones aimed at deepening the understanding of the issues addressed in class. The final grade will be awarded on a 30-point scale, with honors (cum laude) where applicable. Assessment will take into account not only active participation in class and the ability to clearly present the topics discussed, but also the capacity to engage with specific issues covered during the course, as well as the ability to analyze and reason critically about the case law examined in class. Non-Attending Students: The exam will consist of an oral interview covering the entire course syllabus. It will include general questions as well as one or more specific questions that may lead to further in-depth discussion. The final grade will be awarded on a 30-point scale, with honors (cum laude) where applicable. Evaluation will be based on the student’s knowledge of the fundamental topics in general legal theory, expressive clarity, argumentative skills, ability to make connections between different topics, and the appropriate use of technical legal language, which is essential for any law exam.

(a) a first introductory part, concerning the main theoretical approaches and their developments (approximately 15 hours);
(b) a second part, focusing on the analysis of specific topics such as: the concepts of law and norm; validity and effectivenes of legal norms; the relations between norm and sanction; the concept of the legal system; functions of the law. The main issues related to legal interpretation, logic and legal argumentation will also be examined (approximately 20 hours).
Attention will also be paid to any new legislative or jurisprudential developments, discussed with students.

Course Language

Italian

More information

Clarifications or additional information may be requested at the end of class sessions. In any case, students may arrange a meeting with the instructor by sending an email to the following address: cristina.reale@uninsubria.it. Further details about the course will also be provided through the University website and the e-learning platform, accessible via the same site. ERASMUS students are welcome to attend classes in Italian; the exam will consist of a brief oral interview in Italian or English on a research topic of interest to be agreed upon with the Professor, who will support them in sourcing materials in English and will also supervise their research activities during dedicated meetings.