Università Roma Tre

THE COURSE AIMS TO FACE THE THEME OF THE RELATIONSHIP BETWEEN SOCIETY AND FORMATION OF LEGAL RULES TAKEN IN MIND THAT THE ANALYSIS FRAMEWORK IS NOT ONLY THE NATIONAL AND STATE CIVIL SOCIETY BUT THE POST-MODERN SOCIETY ESPECIALLY MANIFESTS ITSELF IN GLOBALIZATION. FOR THIS A VISION OF THE RIGHT NOT ONLY FROM THE EVOLUTIONARY AND DIACRONIC POINT OF VIEW, BUT ALSO SYNCHRONOUS IN A COMPARATIVE PERSPECTIVE THAT TAKES ACCOUNT NOT ONLY OF SOCIAL SYSTEMS BUT ALSO OF CULTURAL THOSE. IN A PERIOD OF PLURALISM OF CULTURES AND LEGAL FORMS THE PROBLEM OF SOCIAL REGULATION HAS PARTICULARLY ACUTE AND INVOLVES A GROWTH OF DEVIAN DEVELOPMENTS, SOCIAL DIVERSITIES AND ALTERNATIVE STYLES OF INDIVIDUAL AND COLLECTIVE LIFE. THESE ARE THE MAIN POINTS THAT I WANT TO CARRY OUT: 1. THE COMPANY GENERATES ITS LAW ACCORDING TO THE ANCIENT FORMULA "UBI SOCIETAS IBI JUS"; 2. THE ANALYZED LAW IN THE TRIANGULAR PERSPECTIVE I AM IN RELATION TO THE CULTURAL, ECONOMIC AND POLITICAL SYSTEM; 3. THE LAW IN ITS BIRTH STATUS AND IN ITS INSTITUTIONALIZATION: FROM NATURAL LAW TO THE POSITIVE ONE IE THE NATURE AND THE SOCIAL RULE; 4. THE SCLEROSIS OF LEGAL FORMALISM COMPARED TO THE CHANGING SOCIAL REALITY; 5. FORMS OF LEGITIMACY OF LAW AND AUTHORITY ACCORDING TO MAX WEBER; 6. LAW AND ETHICS AS FORMS OF SOCIAL REGULATION; 7. THE RIGHT AS A AUTOPOIETIC SYSTEM; 8. VIOLATION OF THE LAW AND CRIME; 9. DEVIANCE AND CRIMINALITY IN THE MARGINAL AREAS AND IN THE "UPPER CLASSES"; 10. SOCIAL CONTROL AND PENALTY; 11. LEGIFICATION AND DELEGIFICATION OF THE COMPANY: LEX AND LIBERTAS IN THE CIVIL SOCIETY; 12. THE DIFFUSED ILLEGALITY IN AN ANOMICIAN SOCIETY; 13. THE CULTURE OF RIGHTS AND DUTIES IN THE TIME OF GLOBALIZATION.

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