Philosophy of Law and the State
The main focus of the course is the origin and the philosophical and juridical foundation of the State. The students will discuss and analyze the origin of the State from different perspectives (political, legal, anthropological, historical). The goal is combining these perspective and clarifying crucial concepts such as individual, person, community, society. Two main dichotomies will be helpful in understanding the theoretical framework: individualism / institutionalism, contractualism / conventionalism.
Weekly - 3
Total - 280
Hans Kelsen (ed. by N. Urbinati and C. Invernizzi Accetti), The Essence and Value of Democracy, Lanham, Rowman & Littlefield, 2013
Hans Kelsen, General Theory of Law and State, Cambridge, Harvard U.P., 1945
Lars Vinx (ed.), The Guardian of the Constitution. Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law. Cambridge, Cambridge U.P., 2015
Teaching - Lectures introducing the major themes of the course (50%), and discussion of selected texts (50%).
Kelsen's theory of the State and the debate about sovereignty.
The course will focus on Hans Kelsen's legal and political philosophy, starting from the controversy with Carl Schmitt about the guardianship of the constitution and the "state of exception". We will focus our attention particularly on a comprehensive analysis of Hans Kelsen's theory of the State and on his approach strongly influenced by political realism and by the attempt of resolving the tension between liberalism and democracy.
Programs where the course is taught: