THEORY AND CRITIQUE OF LAW

Theory and Critique of Law is a course that, in line with the curriculum of the Master’s Degree in Philosophy, examines law as a social technique and aims to develop a critical inquiry into it. This year, the course primarily focuses on why punishment is applied and the history of the punitive system, aiming to provide the tools to understand the key contemporary issues related to punishment and punitive populism, placing them in a historical perspective and showing their relationship with the transformation of the political and social system and the rise of capitalism.

The course aims to provide a toolkit for framing the most important contemporary issues related to punishment and punitive populism, placing them in perspective and highlighting their historical relationship with the restructuring of the political and social system and the emergence of capitalism.

In particular,
1. Knowledge and Understanding
The course will offer an in-depth analysis of the concept of punishment, exploring its origins, the reasons for its imposition, and the ways in which it manifests in different societies. Changes in punitive systems will be examined in light of historical transformations, with particular attention to the impact of the rise of capitalism and the emergence of the bourgeois class. Students will acquire knowledge of the various models of punishment adopted over time and how these reflect specific power structures. Additionally, the course will provide a critical understanding of contemporary dynamics of punishment, with a focus on the implications of so-called penal populism.

2. Ability to Apply Knowledge and Understanding
Through the study of historical and contemporary cases, students will be able to apply the knowledge acquired to critically analyze punitive policies adopted in different societies. They will be encouraged to compare punitive models in different contexts and to assess the evolution of criminal justice systems in light of economic and political transformations. Furthermore, they will develop skills in interpreting philosophical, sociological, and legal texts, enabling them to apply the theories learned to the analysis of contemporary punitive practices.

3. Judgment Skills
The course will encourage students to develop critical judgment regarding punitive practices and their social, economic, and political implications. They will be prompted to reflect independently on the power strategies underlying certain forms of punishment and on the consequences these generate in terms of social control. Moreover, they will be invited to critically evaluate the concept of "defending society" in relation to punitive practices and to question the legitimacy and effectiveness of contemporary penal policies, particularly in relation to the phenomenon of penal populism.

4. Communication Skills
Students will develop the ability to clearly and articulately express their ideas on the topics covered. They will be encouraged to actively participate in class debates and discussions, refining their ability to argue and support a position in a rigorous manner based on data and theories.

5. Learning Skills
The course will provide students with methodological tools to develop an autonomous approach to research and critical analysis of the topics covered. Through reading and interpreting theoretical texts, they will be encouraged to deepen their knowledge independently, enhancing their capacity for continuous learning. Additionally, practical and reflective activities will be proposed to stimulate the ability to connect complex concepts and apply them to new contexts, fostering an active and lasting learning process.

A basic knowledge of modern and contemporary history, as well as of the main modern philosophical currents—starting from the 17th century—would be desirable.

The course will explore why punishment is imposed, how it varies across different societies, and how methods of punishment evolve in response to historical transformations—particularly with the rise of capitalism and the emergence of the bourgeois class. It will also examine what a given form of punishment responds to in terms of power tactics and what it means to defend society, leading up to the contemporary dynamics of so-called penal populism.

Required readings:
Dario Melossi e Massimo Pavarini, The Prison and the Factory (40th Anniversary Edition): Origins of the Penitentiary System, Palgrave, 2018.
Michel Foucault, The Punitive Society: Lectures at the College De France 1972-1973, Picador, 2018.

Additional readings will be provided during the lectures.

The exam will be conducted orally. To pass the exam, students must demonstrate that they have understood the texts discussed in class and can present them clearly and independently, using appropriate terminology and being able to identify and critically discuss the main points, showing that they have developed the ability to formulate an individual argument on the topic.

oral

The grading scale is in thirtieths:

Sufficient: 18-22/30
Good: 23-26/30
Very Good: 28-29
Excellent: 30/30 and 30 with honors

The course will mainly be held through lectures, but active participation from students is essential. Regular attendance is highly recommended for full engagement and more effective learning.

This subject deals with topics related to the macro-area "Poverty and inequalities" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development