First cycle
degree courses
Second cycle
degree courses
Single cycle
degree courses
School of Economics and Political Science
ECONOMIC LAW
Course unit
GENERAL THEORY OF LAW
EPP3049234, A.A. 2016/17

Information concerning the students who enrolled in A.Y. 2016/17

Information on the course unit
Degree course First cycle degree in
ECONOMIC LAW
SP1841, Degree course structure A.Y. 2011/12, A.Y. 2016/17
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Number of ECTS credits allocated 6.0
Type of assessment Mark
Course unit English denomination GENERAL THEORY OF LAW
Department of reference Department of Political Science, Law, and International Studies
Mandatory attendance No
Language of instruction Italian
Branch ROVIGO
Single Course unit The Course unit can be attended under the option Single Course unit attendance
Optional Course unit The Course unit can be chosen as Optional Course unit

Lecturers
Teacher in charge ELENA PARIOTTI IUS/20
Other lecturers DANIELE RUGGIU

ECTS: details
Type Scientific-Disciplinary Sector Credits allocated
Basic courses IUS/20 Philosophy of Law 6.0

Course unit organization
Period Second semester
Year 1st Year
Teaching method frontal

Type of hours Credits Teaching
hours
Hours of
Individual study
Shifts
Lecture 6.0 45 105.0 No turn

Calendar
Start of activities 27/02/2017
End of activities 10/06/2017
Show course schedule 2019/20 Reg.2018 course timetable

Examination board
Examination board not defined

Syllabus
Prerequisites: No specific background knowledge is required.
Target skills and knowledge: The course aims to give the basic theoretical and methodological means for understanding (i) the legal language and notions;(ii) the structure and functions of the norms and of legal orders; (iii) the role to be played by legal interpretation, the main methods of legal interpretation and the main theoretical approaches to legal interpretation.
Examination methods: Students knowledge and competence will be tested by an oral colloqium dealing with the topics addressed during classes and in the syllabus.
On voluntary basis, students attending the classes may work out a short essay, which will be assessed and will contribute to the final score, even if in lower degree and with a lower weight than the colloquium.
Students will have six dates at their disposal, in order to take the exam.
Assessment criteria: The colloqium score is from 18 to 30.
The colloquium is meant to assess (i) if and to which degree students have the information which have been given through classes and syllabus; (ii) the understanding of the basic legal categories and notions (features of legal norms and legal order; notion, aims and transformation processes of the notion of legal sources); (iii) the capability to distinguish and characterize the main methods and the main theories of legal interpretation; (iv) if students properly use the basic language of law, also – even if in a basic way - according to the theoretical approach.
Course unit contents: 1. The codification of law in the Modern Age: rise and features of legal positivism and of the modern view of the law.
2. Elements and structure of law:
(a) notion of legal source, structure of legal sources in civil law and in common law, the view of the legal sources and of law worked out by legal positivism over the modern process of codification;
(b) Rule of law and constitutional State
c) legal norm: structure, validity, effectiveness
(d) legal system: structure, kinds, and theories
(e) the contemporary transformations of legal systems: from hierarchy to mutual openness
(f) soft law: definition, functions and impact on the notion of law and on legal orders
3. The application of law and legal interpretation
(a) meanings of 'interpretation' in the legal domain
(b) interpretive methods
(c) teories of interpretation (foundations)
Some time within the course will be devoted to the acquisition of skills in academic writing.
Planned learning activities and teaching methods: The topics of the course will be addressed mainly through frontal lessons and laboratories.
Seminars with scholars on some specific topics will be scheduled.
On voluntary basis, students attending the classes may work out a short essay.
Additional notes about suggested reading: Further teaching material will be shared through the online platform "moodle".
Textbooks (and optional supplementary readings)
  • Barberis, M., Introduzione allo studio del diritto. Torino: Giappichelli, 2014. esclusi, per tutti gli studenti, i capitoli 2 e 3 Cerca nel catalogo
  • Pastore, B., Interpreti e fonti nell'esperienza giuridica contemporanea. Padova: CEDAM, 2014. I capp. 1, 2, 3, 4 sono obbligatori per tutti gli studenti. Gli studenti non frequentanti prepareranno anche i capitoli 5 e 6. Cerca nel catalogo