Course 2026-2027 a.y.

30611 - GENERAL JURISPRUDENCE

Department of Law


Course taught in English
Go to class group/s: 28
BGL (9 credits - I sem. - OB  |  GIUR-17/A)
Course Director:
DAMIANO CANALE

Classes: 28 (I sem.)
Instructors:
Class 28: DAMIANO CANALE


Mission & Content Summary

MISSION

The expression “General Jurisprudence” usually refers to theoretical study of law, which tries to answer questions such as “What is law?”, “What distinguishes law from other social phenomena?”, “How is it the case that laws provide guidance to human behavior?”, etc. Traditionally, such questions have been approached through the lens of state law as it has developed in Western legal systems. However, this perspective increasingly fails to account for today’s legal realities. Although state law is still central to our lives, its regulatory function is intertwined with that of supra-national and international legal sources. At the same time, the forms of legal regulation and planning appear highly diversified and cannot be reduced to traditional, black letter law. Not to mention that different legal traditions tend to provide different answers to the question “What is law?”, to the point of casting doubt on the very idea that legality can be reduced to a set of universal features common to all polities that ever existed and will exist in the future. The course aims to reconstruct these different constellations of problems in order to provide students with a critical understanding of contemporary law, legal systems, and the forms of legality characterizing them. In addition, students will be introduced to the philosophical foundations of human rights, considered in light of the broader theoretical questions posed by general jurisprudence.

CONTENT SUMMARY

General Part:

 

· What is General Jurisprudence All About?

· Legal Monism and its Crisis

· Forms and Aspects of Legal Pluralism

 

Special Part:

 

· The Contemporary Idea of Human Rights

· Justifying Human Rights

· The Challenge of Relativism to Human Rights


Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

General Part:

 

· Provide an overview of the main problems in general jurisprudence.

· Illustrate the foundation and evolution of state law over the past three centuries.

· Explain the transformation of legal systems in the age of legal pluralism.

 

Special Part:

 

· Identify the core idea of human rights and the challenges related to their foundation.

· Illustrate the various strategies used to justify human rights, along with their limitations.

· Address the challenge of relativism in relation to human rights claims.

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

General Part:

 

· Use theoretical legal vocabulary and assess the different current standpoints on the nature of law.

· Properly apply the legal concepts characterizing State law and discuss their implications.

· Argue in favor and against the pluralistic conceptions of legality.

 

Special Part:

 

· Compare different theoretical accounts of human rights, and assess their pros and cons.

· Discuss the challenge posed by moral, social and political relativism to the very idea of human rights and design a possible answer to it.


Teaching methods

  • Lectures
  • Collaborative Works / Assignments

DETAILS

Case studies will be conducted in class. They will take place in two forms. In the first form, the entire class will be assigned a relevant case/scenario/problem to be analysed on the basis of the knowledge and understanding acquired during the module, leaving students the choice to work through it either collaboratively or individually. Then, a general discussion of the students’ findings will take place in class, with peer questioning and feedback. In the second form, students will be divided into groups and each group will be assigned a relevant case/scenario/problem to be analysed on the basis of the knowledge and understanding acquired during the module. Then each group of students will be assigned a slot to present their findings to the rest of the cohort.


Assessment methods

  Continuous assessment Partial exams General exam
  • Oral individual exam
    x
  • Collaborative Works / Assignment (report, exercise, presentation, project work etc.)
x    

ATTENDING STUDENTS

a) Mid-term written exam 3 open-ended questions, up to approximately 400 words per answer.

Weight toward the final grade: 60%

 

b) Final written exam 2 open-ended questions, up to approximately 400 words per answer.

Weight toward the final grade: 40%

 

A maximum of 2 bonus points may be awarded on the basis of the evaluation of the group assignment.

 

After the mid-term exam, attending students may choose one of the following options:

1) Final written exam on the second part of the course only In this case, the mid-term exam will count for 60% of the final grade and the final exam for 40%.

2) Final written exam covering the entire course programme In this case, the result achieved in the mid-term exam will not be taken into account in the calculation of the final grade. The exam will consist of 5 open-ended questions, up to approximately 400 words per answer, and will account for 100% of the final grade.


NOT ATTENDING STUDENTS

a) Final written exam (5 open-ended questions, up to about 400 words per answer) on the program for non-attending students

Weight toward the final grade: 100%

 

Notes: 1) Written exams are not open book. The use of LLMs is permitted for preparing and presenting group assignments, but not during exams. Students are not permitted to read a text during the presentation. 2) Attending students are requested to attend at least 75% of the lectures. 3) As for the group assignment, attending students will be randomly divided into groups, and each group will be asked to analyse and discuss in class a case related to the course content. 4) Group assignments will be evaluated on the basis of the following criteria: a) quality of the presentation; b) depth and rigor of the case analysis; c) demonstration of critical thinking.


Teaching materials


ATTENDING STUDENTS

General Part:

Lecture notes and course reader uploaded on the Balckboard Platform.

Special Part:

Nickel, James. Making Sense of Human Rights, 2nd ed., Blackwell Publishing, 2007, Chapters 1, 2, 3, 4, 5, 6, 11, 12.


NOT ATTENDING STUDENTS

Bix, Brian. 2023. Jurisprudence: Theory and Context, 9th ed. Sweet & Maxwell. Chapters 1-9.

Tamanaha, Brian. 2021. Legal Pluralism Explained: History, Theories, Consequences, Oxford University Press. Pages 1-18, 55-96, 129-168. 

Nickel, James. 2007. Making Sense of Human Rights, 2nd ed. Blackwell Publishing. Chapters 1, 2, 3, 4, 5, 6, 11, 12.

Last change 07/07/2026 09:08