Sociology of Law
A.Y. 2025/2026
Learning objectives
This course is aimed at providing students with the conceptual and methodological tools of sociology of law, that is, the science that investigates legal phenomena with the methods of empirical sciences; the ultimate goal being the acquisition of adequate skills to the analysis of legal phenomena from a non-dogmatic perspective.
Within this framework, much time will be dedicated to the analysis of some fundamental concepts, such as the concepts of social action and social interaction, as well as the concepts of norm, law, right (including fundamental rights), social and legal change.
Within this framework, much time will be dedicated to the analysis of some fundamental concepts, such as the concepts of social action and social interaction, as well as the concepts of norm, law, right (including fundamental rights), social and legal change.
Expected learning outcomes
- the knowledge of the fundamental concepts and the research methods of sociology of law;
- the ability to apply the skills acquired during this course to the analysis of legal phenomena;
- the ability to critically and autonomously interpret legal phenomena in a legal-sociological way (rather than in legal-dogmatic way);
- the ability to use the acquired knowledge with argumentative consistency and an adequate command of the legal-sociological technical terminology;
- the ability to undertake—in the most possible autonomous way—in-depth studies concerning law as social phenomenon by making use of a method that should combine theoretical reflection and critical observation.
- the ability to apply the skills acquired during this course to the analysis of legal phenomena;
- the ability to critically and autonomously interpret legal phenomena in a legal-sociological way (rather than in legal-dogmatic way);
- the ability to use the acquired knowledge with argumentative consistency and an adequate command of the legal-sociological technical terminology;
- the ability to undertake—in the most possible autonomous way—in-depth studies concerning law as social phenomenon by making use of a method that should combine theoretical reflection and critical observation.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Surname A-L
Responsible
Lesson period
Second semester
Course syllabus
Sociology of law is that branch of sociology that studies legal phenomena critically and from a non-dogmatic perspective, paying particular attention to the distance between law in books and law in action. The course aims to offer students the conceptual and methodological tools of the discipline and an in-depth study of some areas of socio-legal research. The first part of the course is dedicated to framing the sociology of law within the social sciences and analyzing its fundamental concepts. The second part explores two relevant areas in the panorama of socio-legal research: globalization and its effects on the world of law and the relationship between law, rights and cultural diversity with particular reference to the European context.
Syllabus:
Sociology and sociology of law
The concept of legal system
Social norms and legal norms
Law between monism and pluralism
Functions of law
Legal action and its effects
The institutions between law and society: rights, the family, prison
Deviance and crime from a sociological perspective
Law and opinions
Social change and legal change
Globalization and its effects on law
Law and cultural diversity
Syllabus:
Sociology and sociology of law
The concept of legal system
Social norms and legal norms
Law between monism and pluralism
Functions of law
Legal action and its effects
The institutions between law and society: rights, the family, prison
Deviance and crime from a sociological perspective
Law and opinions
Social change and legal change
Globalization and its effects on law
Law and cultural diversity
Prerequisites for admission
No prior knowledge is required.
Preparatory Courses: Private Law, Constitutional Law.
Preparatory Courses: Private Law, Constitutional Law.
Teaching methods
Frontal lessons with active involvement of students, seminars.
Teaching Resources
Non-attending students:
- V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive)
- F. Ost, Dalla piramide alla rete: un nuovo paradigma per la scienze giuridica?" (available on the Ariel platform)
- M.R. Ferrarese, "La globalizzazione del diritto: dalla 'teologia politica' al diritto 'utile'" (available on the Ariel platform)
- M.R. Ferrarese, "Il linguaggio transnazionale dei diritti" (available on the Ariel platform)
- L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018 (o ed. successive)
Attending Students:
-V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (or later ed.). Chapters 1, 2, 3, 6, 7. Chapter. 4 only the paragraphs 1-3-5
- F. Ost, Dalla piramide alla rete: un nuovo paradigma per la scienze giuridica?" (available on the Ariel platform)
- M.R. Ferrarese, "La globalizzazione del diritto: dalla 'teologia politica' al diritto 'utile'" (available on the Ariel platform)
- M.R. Ferrarese, "Il linguaggio transnazionale dei diritti" (available on the Ariel platform)
L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018 (or later ed.)
- Slides and materials indicated during the course
Erasmus Students: If required specific material may be provided.
- V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (o ed. successive)
- F. Ost, Dalla piramide alla rete: un nuovo paradigma per la scienze giuridica?" (available on the Ariel platform)
- M.R. Ferrarese, "La globalizzazione del diritto: dalla 'teologia politica' al diritto 'utile'" (available on the Ariel platform)
- M.R. Ferrarese, "Il linguaggio transnazionale dei diritti" (available on the Ariel platform)
- L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018 (o ed. successive)
Attending Students:
-V. Ferrari, Diritto e società. Elementi di sociologia del diritto, Laterza, Roma-Bari 2012 (or later ed.). Chapters 1, 2, 3, 6, 7. Chapter. 4 only the paragraphs 1-3-5
- F. Ost, Dalla piramide alla rete: un nuovo paradigma per la scienze giuridica?" (available on the Ariel platform)
- M.R. Ferrarese, "La globalizzazione del diritto: dalla 'teologia politica' al diritto 'utile'" (available on the Ariel platform)
- M.R. Ferrarese, "Il linguaggio transnazionale dei diritti" (available on the Ariel platform)
L. Mancini, La diversità culturale tra diritto e società, Franco Angeli, Milano 2018 (or later ed.)
- Slides and materials indicated during the course
Erasmus Students: If required specific material may be provided.
Assessment methods and Criteria
Oral exam (maximum score: 30\30 cum laude). The final assessment takes into account active participation during the course. The evaluation criteria will consider the knowledge of the fundamental issues of the sociology of law, the skills of critical analysis and the clarity of exposition.
Surname M-Z
Responsible
Lesson period
Second semester
Course syllabus
The sociology of law is the general empirical science of law. Given the great variety of existing approaches, the focus here is on the approach developed by — and stemming from — Leon Petrażycki, due to its openness to interdisciplinarity. We will begin with emotions, above all the sense of entitlement, gradually bringing to light how the social conflicts it generates lead to the emergence of various phenomena, including jurisdiction, sources of law, formalization, the State, and economies. Attention will also be given to phenomena such as property rights, possession, and authority (for example, that of a master over a slave), adopting a perspective not limited to European or Europeanized cultures, but encompassing every animal, human, and non-human culture. The phenomenon of the emergence of legal dogmatics will likewise not be neglected.
Prerequisites for admission
Having passed Diritto Privato and Diritto Costituzionale
Teaching methods
Direct interaction with the students
Teaching Resources
The materials to be studied are identical for ALL students, with no distinction between attending-participating, attending-non-participating, and non-attending students, and must be studied in the following order:
(1) Edoardo Fittipaldi, Norma. Una concettualizzazione per la sociologia del diritto e le altre scienze sociali. Milan: LED, 2012: 111 pages.
(2) Lorenzo Passerini Glazel, La realtà della norma, le norme come realtà. Milan: LED, 2022: 100 pages.
(3) Edoardo Fittipaldi, Psicologia giuridica e realismo: Leon Petrażycki. First ed. Milan: LED, 2012: 129 pages. As soon as available, however, the second edition (forthcoming) must be studied instead: LED, 2026: approx. 190 pages, including the text by Jerzy Lande added as an appendix. Notice of this publication will be given on Ariel.
(4) Giada Najat, La dogmatica linguistica araba in prospettiva dogmatico- e sociologico-giuridica. Uno studio di epistemologia contrastiva, which will be made available on Ariel, 100 pages. This volume is to be replaced by the same author's forthcoming work to be published by 2026, which will likely be approximately 140 pages long. The title might change. Notice will be provided on Ariel.
(5) Morris L. Ghezzi, Il diritto come estetica. Milan: Mimesis, 2016: pp. 23-111, 88 pages.
(6) Edoardo Fittipaldi, Convergenze: sviluppare l'eredità intellettuale di Morris L. Ghezzi, unpublished, available on Ariel, 4 pages.
(7) Simonetta Balboni Ghezzi, Due pensatori a confronto: Leon Petrażycki e Morris L. Ghezzi, unpublished, available on Ariel, 8 pages.
This amounts to a total of 540 pages, which will become 641 pages once the volumes currently being prepared are available (this figure calculated by excess).
These texts must be studied thoroughly, including the footnotes (with the sole exception of passages in original languages other than Italian). Failure to study even a single one of these texts will result in not achieving a passing grade on the exam.
(1) Edoardo Fittipaldi, Norma. Una concettualizzazione per la sociologia del diritto e le altre scienze sociali. Milan: LED, 2012: 111 pages.
(2) Lorenzo Passerini Glazel, La realtà della norma, le norme come realtà. Milan: LED, 2022: 100 pages.
(3) Edoardo Fittipaldi, Psicologia giuridica e realismo: Leon Petrażycki. First ed. Milan: LED, 2012: 129 pages. As soon as available, however, the second edition (forthcoming) must be studied instead: LED, 2026: approx. 190 pages, including the text by Jerzy Lande added as an appendix. Notice of this publication will be given on Ariel.
(4) Giada Najat, La dogmatica linguistica araba in prospettiva dogmatico- e sociologico-giuridica. Uno studio di epistemologia contrastiva, which will be made available on Ariel, 100 pages. This volume is to be replaced by the same author's forthcoming work to be published by 2026, which will likely be approximately 140 pages long. The title might change. Notice will be provided on Ariel.
(5) Morris L. Ghezzi, Il diritto come estetica. Milan: Mimesis, 2016: pp. 23-111, 88 pages.
(6) Edoardo Fittipaldi, Convergenze: sviluppare l'eredità intellettuale di Morris L. Ghezzi, unpublished, available on Ariel, 4 pages.
(7) Simonetta Balboni Ghezzi, Due pensatori a confronto: Leon Petrażycki e Morris L. Ghezzi, unpublished, available on Ariel, 8 pages.
This amounts to a total of 540 pages, which will become 641 pages once the volumes currently being prepared are available (this figure calculated by excess).
These texts must be studied thoroughly, including the footnotes (with the sole exception of passages in original languages other than Italian). Failure to study even a single one of these texts will result in not achieving a passing grade on the exam.
Assessment methods and Criteria
STUDENTS WITH SPECIFIC LEARNING DISORDERS (DSA) AND OTHERS ALIKE (inclusive feminine form):
For the purpose of the final grade, both (1) non-attending students and (2.1) attending-participating students and (2.2) attending-non-participating students (see below), are entitled to use concept maps and to take the oral exam with complete freedom to consult textbooks, without any prior authorisation from the lecturer. The lecturer will not assess the quality of the answer but also the effort taken to answer the question. Students with DSA will in any case be granted additional time to formulate their answers. However, students with DSA are kindly requested to contact the lecturer in advance to inform him confidentially.
________________________________________
NON-ATTENDING STUDENTS:
Final oral exam (100%).
________________________________________
ATTENDING-PARTICIPATING STUDENTS:
Participation in class is based on prior study of the materials assigned for each lecture, starting from the second lecture. For each lecture, from the second onwards, each student must prepare one or two questions related to the assigned materials, in accordance with the following rules. Each attending-participating student must send the lecturer, no later than 15 minutes before each lecture (starting from the second lecture, to stress once more), via email to drd.ftt.pld@gmail.com (sotto pena di nullità), a question of at least 300 words and at most 1,000 words, which must clearly demonstrate that the attending-participating student has made every effort to independently reach an answer related to the assigned materials.
The assessment for the course grade will not concern the correctness of the hypothesised answer to the question (there does not necessarily have to be an answer), but rather that the question unmistakably shows: (1) that it was prepared without any help from artificial intelligence — noting that AI systems are capable of recognising AI-generated texts — and (2) that the attending-participating student has made every effort to answer the question on their own, using the assigned materials.
Any student who fails to submit the question within the specified 15-minute window will ipso facto lose the status of an attending-participating student. This obligation applies, under penalty of losing such status, also to absent students. In case of illness, this obligation may be fulfilled later. Failure to fulfil this obligation before the oral exam will result in the loss of the aforementioned status.
For the second lecture, a question meeting the specified criteria must be prepared on Norma (see below), pp. 15-29. It remains understood that during this second lecture, the lecturer will ask direct questions to students concerning Norma pp. 9-14 (excluding § 0.3). The materials on which to prepare the questions will be specified in a spreadsheet calendar, which will be distributed to those who, by 23:59 on the day of the second lecture, have expressed their intention to obtain attending-participating status by sending an email to drd.ftt.pld@gmail.com, under penalty of exclusion from such status.
During the first lecture, the lecturer will indicate additional parts of the syllabus to be prepared for the second lecture. For these parts, attending-participating students must prepare a second question, according to the same criteria described above.
For the purpose of the final grade, depending on the number of attending-participating students, different weightings are applied between the participation grade and the oral exam grade. More precisely:
· when there are up to 10 participants, participation counts for 98% and the oral exam for 2%;
· with 11-20 participants, participation counts for 95% and the oral exam for 5%;
· with 21-30 participants, participation counts for 87% and the oral exam for 13%;
· with 31-40 participants, the weights are respectively 65% and 35%;
· while with more than 40 participants, participation counts for 1% and the oral exam for 99%.
On Ariel, an Excel spreadsheet is available, where the weightings according to the number of attending-participating students are expressly indicated and simulations can be performed. Note that a participation grade of 30 cum laude will be counted as 31.
________________________________________
ATTENDING NON-PARTICIPATING STUDENTS:
Final oral exam (100%).
For the purpose of the final grade, both (1) non-attending students and (2.1) attending-participating students and (2.2) attending-non-participating students (see below), are entitled to use concept maps and to take the oral exam with complete freedom to consult textbooks, without any prior authorisation from the lecturer. The lecturer will not assess the quality of the answer but also the effort taken to answer the question. Students with DSA will in any case be granted additional time to formulate their answers. However, students with DSA are kindly requested to contact the lecturer in advance to inform him confidentially.
________________________________________
NON-ATTENDING STUDENTS:
Final oral exam (100%).
________________________________________
ATTENDING-PARTICIPATING STUDENTS:
Participation in class is based on prior study of the materials assigned for each lecture, starting from the second lecture. For each lecture, from the second onwards, each student must prepare one or two questions related to the assigned materials, in accordance with the following rules. Each attending-participating student must send the lecturer, no later than 15 minutes before each lecture (starting from the second lecture, to stress once more), via email to drd.ftt.pld@gmail.com (sotto pena di nullità), a question of at least 300 words and at most 1,000 words, which must clearly demonstrate that the attending-participating student has made every effort to independently reach an answer related to the assigned materials.
The assessment for the course grade will not concern the correctness of the hypothesised answer to the question (there does not necessarily have to be an answer), but rather that the question unmistakably shows: (1) that it was prepared without any help from artificial intelligence — noting that AI systems are capable of recognising AI-generated texts — and (2) that the attending-participating student has made every effort to answer the question on their own, using the assigned materials.
Any student who fails to submit the question within the specified 15-minute window will ipso facto lose the status of an attending-participating student. This obligation applies, under penalty of losing such status, also to absent students. In case of illness, this obligation may be fulfilled later. Failure to fulfil this obligation before the oral exam will result in the loss of the aforementioned status.
For the second lecture, a question meeting the specified criteria must be prepared on Norma (see below), pp. 15-29. It remains understood that during this second lecture, the lecturer will ask direct questions to students concerning Norma pp. 9-14 (excluding § 0.3). The materials on which to prepare the questions will be specified in a spreadsheet calendar, which will be distributed to those who, by 23:59 on the day of the second lecture, have expressed their intention to obtain attending-participating status by sending an email to drd.ftt.pld@gmail.com, under penalty of exclusion from such status.
During the first lecture, the lecturer will indicate additional parts of the syllabus to be prepared for the second lecture. For these parts, attending-participating students must prepare a second question, according to the same criteria described above.
For the purpose of the final grade, depending on the number of attending-participating students, different weightings are applied between the participation grade and the oral exam grade. More precisely:
· when there are up to 10 participants, participation counts for 98% and the oral exam for 2%;
· with 11-20 participants, participation counts for 95% and the oral exam for 5%;
· with 21-30 participants, participation counts for 87% and the oral exam for 13%;
· with 31-40 participants, the weights are respectively 65% and 35%;
· while with more than 40 participants, participation counts for 1% and the oral exam for 99%.
On Ariel, an Excel spreadsheet is available, where the weightings according to the number of attending-participating students are expressly indicated and simulations can be performed. Note that a participation grade of 30 cum laude will be counted as 31.
________________________________________
ATTENDING NON-PARTICIPATING STUDENTS:
Final oral exam (100%).
Educational website(s)
Professor(s)
Reception:
by appointment via email: letizia.mancini@unimi.it
Dipartimento 'Cesare Beccaria', Sezione di Filosofia e Sociologia del diritto; MTeams