LAW AND SOCIETY

Law and Society is a course that, in line with the Philosophy, International and Economic Studies programme, aims to provide a toolkit for questioning and understanding the relationship between the legal and the social. This year, the course is dedicated to the question of why punishment is imposed, to contemporary punitive reason, and to theories of social defence that have shaped it, leading up to issues related to contemporary punitive populism.
The justification commonly offered in support of the right to punish, and generally shared by both experts and laypersons alike, is that punishment ultimately serves to protect society. But what does it mean to protect society, and where does this idea come from?
Social defence as the foundation of punishment is, in fact, nothing more than an implicit paradigm—that is, one that is neither grounded in a written norm nor supported by a clear historical basis.
The course will analyse the long-standing discourse on social defence and its current transnational relevance, with the ultimate aim of understanding how and why punishment has come to be perceived as an adequate response to a range of social issues.

The course aims to provide a set of analytical tools useful for framing the most important contemporary issues related to punishment and punitive populism—namely the contemporary use of criminal law as a tool for governing social issues—placing them in a historical perspective and showing their relationship with the restructuring of the political and social system since the rise of capitalism.

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 and how modes of punishment change in light of historical transformations, in particular from the rise of capitalism onwards, through to the theories that emerged at the turn of the twentieth century and made social defence the core of punitive power, and will finally critically examine contemporary dynamics in which criminal law is used to govern social conflicts.

Required readings:
Excerpts from Dario Melossi and Massimo Pavarini, The Prison and the Factory (40th Anniversary Edition): Origins of the Penitentiary System, Palgrave, 2018.
Michel Foucault, “About the concept of the ‘Dangerous Individual’ in 19th Century Legal Psychiatry”, Journal of
Law & Psichiatry, 1, 1978, 1-18.
Excerpts from Michele Pifferi (edited by), The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870–1940, 2022.

The reference texts will be defined in the first lecture and course presentation, and additional readings will be provided during the course.

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 instructor is responsible for ensuring the authenticity and originality of all examinations and coursework. In cases of suspected academic misconduct, an additional on-site assessment may be required during the exams, which may differ from the standard format.

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