Università Roma Tre

The course will address the relationship between society and the formation of
legal norms by taking into account not only the civil society and its “lebenswelt”
at national and state level, but also the postmodern society characterized by the
globalization..Thus a vision of law non only in an evolutive and diachronic perspective,
but a synchronic and comparative way which includes both the social systems and the
cultural patterns.
In a time of cultural and legal pluralism the problem of social regulation is particularly sharp
And implies an increase of deviant behaviour, social diversities, and alternative life style at individual and collective levels.These are the main points to be developed:

1. The society generates its own law according the old sentence “ ubi societas ibi jus”

2.The law analyzed from the “statu nascenti” to its institutionalization and from the natural
law to the positive one: the nature and the rule.

3.The law analyzed in a triangular perspective that is in relation to the economic,political and
cultural systems

4.The sclerosis of legal formalism versus the changing social reality:the problem of
form and substance.

5. The types of legitimacy of authority and law in Max Weber.

6.The relationship between law and ethics and their role in regulating society.

7.The law as autopoietic system in N.Luhmann and G.Teubner.

8 The violation of law and the criminal behavior

9The social construction of deviant and criminal behavior

10.Deviance and criminality in the marginal areas and in the upper classes

11.The social control and the institutions of penalty:the total institutions of E.
Goffman and control and punishment in Ch.Foucault.

12.The theories of labelling and stigma in .the New School of Chicago

13Legification and deregulation that is:”lex et libertas” in the civil society

14.The diffusion and the legitimation of illegality and deviance in the
anomic society :the role of mass media.A reflection starting from E.Durkheim
and R.Merton

15.The culture of human rights, the utopia of universal ethics in a global world..

G.Teubner, La cultura del diritto nell’epoca della globalizzazione Armando editore.Roma,2005

D.Melossi, Stato,Controllo sociale, Devianza Bruno Mondatori,Milano, 2002

F.D’Agostino, Il Codice Deviante, Armando Armando, Roma 1984