20110202 -
CONSTITUTIONAL LAW
(objectives)
The course – which is preliminary to all other courses in public law – aims at offering the acquisition of the fundamental elements of institutional nature in the domain of public law, and provide an overview on the matters that characterise our legal system. Furthermore, the course is also aimed at the deepening of issues connected with the judicial concept of security, in its different declinations and in light of its incessant evolution. The relationship between security of rights and the right to security will finally be examined, against the background of constitutional law.
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PISTORIO GIOVANNA
( syllabus)
General part The general part of the course is aimed at the examination of the essential aspects of the organization of the State, the characteristics of the legality of the government, the distribution of public establishments, the sources of law, the issues connected with the involvement of Italy in the European Community and the European Union, the arrangement of national territorial autonomy. Futhermore will be given particular attention to the foundamental rights protection, in connection with the effective guaranties to provide the effectivity of the mentioned protection, public administration activities, and the origins, the models and the developement of Constitutional Justice. Special part The special part of the course is aimend at the deepening of the issues connected with security on a legal perspective, especially on the undertones and the incessant evolution of the argument. Always caring about the national and supranational view, further attention will be given to the issue of security, both as a guarantee and as a potential limit of founamental rights. The security guarantee will be examinated in respect of the form of governament, of the diffrent dimensions of territorial security and of the issues connected to information transparency, especially cybersecurity. Futhermore, the juridical challenges given by new technologies will be examinated with particular reguard to the link between security and Artificial Intelligence, security and Internet, security and Big Data management.
( reference books)
general part: Aa.Vv., Diritto pubblico, a cura di F. Modugno, 2021, excluding: cap. III, § 1, 2, 3 cap. IV, sez III cap VIII cap. IX, § 3, 4, 5, 6, 7, 8, 9
special part: G. Pistorio, La sicurezza giuridica: profili attuali di un problema antico, ES, 2021.
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9
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IUS/08
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72
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Basic compulsory activities
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ITA |
20110360 -
Institutions of Roman law
(objectives)
The course aims at introducing the student to the knowledge and comprehension of the foundations of private law, i.e. the fundamental concept and legal rules governing private law relationships between individuals and corresponding remedies.
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BERTOLDI FEDERICA
( syllabus)
The course analyzes the historical evolution of Roman Private Law from its origins to the Justinian age. The Roman Private Law’s main topics are: 1. General historical framework (2 h); 2. Sources of Roman Law (8 h); 3. Civil procedure (18 h); 4. Individuals and family (2 h); 5. Facts, acts and legal acts. Obligations and contract law (12 h); 6. Ownership, possession, other rights in rem (6 h); 7. Inheritance law (2 h). The main purpose of this course is to explain the elementary discipline of the institutes created by the Roman legal science. The course also aims to encourage students to analyze specific legal issues: students should become familiar with the methodological tools needed to apply theoretical knowledge to private law issues.
( reference books)
Required reading V. MANNINO, Introduzione alla storia del diritto privato dei Romani (3a ed.), Torino, 2018. Background reading Le Istituzioni di Gaio. Traduzione italiana, a cura di M. Balzarini, Torino, 1998.
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6
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IUS/18
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48
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Basic compulsory activities
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ITA |
20110204 -
PHILOSOPHY OF THE LAW
(objectives)
The course aims at the following learning objectives: a) being familiar with the main authors and theories which have influenced contemporary legal culture; b) to acquire competences in relation to the main concepts of legal theory; c) to develop a critical approach to legal knowledge and culture.
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GONNELLA PATRIZIO
( syllabus)
The course will focus on the conflict between different philosophical models of interpreting law and criminal law in particular. The teaching objectives are: a) to provide students with the theoretical tools necessary for the deep analysis of the legal system, with a focus on criminal law; b) to allow them to orient themselves in the panorama of philosophical and theoretical reflection on criminal law, through an analytical exposition of the theory of guarantee, starting from Cesare Beccaria. Finally, attention will be paid to the great questions around punishment: why, who, how and when to punish.
( reference books)
1) Luigi Ferrajoli. Diritto e ragione. Teoria del garantismo penale. Editori Laterza, 2009 (only the folloqing parts: first, exluding pages 94-190, second, third). Pages 94-190 and the fourth and fifth part should not be studied 2)Cesare Beccaria, Dei delitti e delle pene, (edited by Patrizio Gonnella and Susanna Marietti), Giappichelli, 2022 isbn 9788892124172.
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9
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IUS/20
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72
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Basic compulsory activities
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ITA |