Law and Safety

The project of this doctoral course is intended to maximize two aspects of legal education.

The first aspect is of general theory.
From this point of view, it must be remembered that – beyond the biological and evolutionary reasons that underlie the community dimension of individual existence – every community is founded on the need to protect the life of its members (with all the complex apparatus of drives, primary needs, aspirations connected to it).
Law, as is universally recognized, "has been designed from the very beginning to safeguard a coexistence between men that is naturally exposed to the risk of destructive conflict" (R. Esposito, Immunitas, Turin 2020, 31).
The legal system, in all its articulations, is aimed at achieving the protection of the individual and social coexistence. Therefore, it necessarily has a general “security” function. Which, moreover, dialectically confronts the freedom of individuals. A constant and irresolvable dialectical confrontation because freedom needs security, but at the same time security is a limit to freedom. The instituere vitam, according to Marciano's expression, highlights how individual and collective survival is connected to an institutionalization (legally relevant) that, inevitably, compresses and limits what it protects. An inseparable connection, but also necessarily problematic, with respect to which two different approaches to security policy are currently confronted at a global level: a more tested and traditional approach, more restrictive of fundamental rights and freedoms and an integrated approach based on the complementarity and interaction between security and freedom (comprehensive security).
By evoking, right from the title of the doctorate, this dialectical relationship between (subjective) law and security, the aim was to place at the centre of the project the complex of fundamental issues that have always been specific to law (in an objective sense).
A complex of problems which, although traditional and precisely because they are traditional, deserve to be constantly reconsidered with all the cognitive tools of the jurist, but, above all, according to the general perspectives offered by philosophy and history.

Along with the general theory aspect, the doctorate intends to enhance a second more specialized aspect.
Although, for the reasons stated above, the security problem is, more than connected, intimately connected to the law without further qualifications, there are sectors of legal experience that make this connection completely explicit.
One could perhaps say that there is a “crisis law”, that is, a complex of disciplines (or disciplinary articulations) that specifically deal with moments of “rupture”, those in which the equilibrium is most threatened and in which it is essential to implement specific safety devices.
Some of these "crises" are completely traditional: from the crisis of cooperation, to the crisis of business up to perhaps the most critical moment of all, that is, crime, both that perpetrated at an individual level, and that, always current, relevant at the level of the responsibility of States.
Some of these crises are connected to particular profiles of contemporaneity, because they depend (perhaps more for the forms that characterize them, than for the values that are potentially compromised) on new technologies or on the new social, economic and financial dimensions of social organization: just think of the protection of privacy in relation to new forms of communication and data exchange, or the protection of security with respect to cyber threats. Or because they depend on the emergence (or accentuation) of new values and related new needs for protection (think of the protection of future generations in relation to climate crises).  

The doctoral course pursues the objective – or, better, nourishes the ambition – of being able to best combine the reflection on the perspective of general theory and the analysis of more specialized profiles in order to form in the doctoral students a solid legal culture and adequate critical analysis skills.
Traditionally, the jurist is, at the same time, a “technician” and a “theoretician”.
He or she is equipped with the technical tools to intervene precisely in crisis situations. But these tools are all the more efficient the more he or she is master of his or her "science" and is able to question and fully understand the problems to which the legal system and the individual norms intend to respond from time to time and what the real meaning of such a response is.
The importance of knowing how to deal with the law in its complexity of general theory and specialist knowledge emerges both when the jurist operates (as a lawyer, as a notary, as a magistrate, as a member of the police force or as an official of an Agency) in relation to the individual case, and when he must intervene in the development of wider-ranging projects (as a teacher or in the institutional context).
Indeed, the centrality of legal reflection means that a solid preparation of general theory and the critical refinement of specialist knowledge can be crucial, in a constantly changing world, to assume roles and responsibilities, on a professional and cultural level, in areas that are not strictly legal.
The proposed doctoral course therefore aims to preserve and possibly enhance the union between the "technical" and "theoretical" profiles, in the belief that they are not only complementary, but also allow for the multiplication of the jurist's employment opportunities in civil society and on the "job market".

Expected teachings

• Historicity of legal thought
• Security and fundamental rights
• Market regulation and risk management
• Comparative privacy law
• Religion and Integrated Security
• Personal Data and Religion
• Security and Freedom in the Light of Criminal Policy
• The Role of Risk Assessment and Compliance Program in Security Management
• Theories of legal security
• Safety, Security and Protection
• Integrity of tax systems, tax interest and freedom
• Collective, national and individual security from the perspective of international and EU law
• Workplace safety law and privacy protection
• Public safety as an administrative function
• Legal methodology  

Other educational activities

• Valorisation and dissemination of results, intellectual property and open access to research data and products
• Seminars
• Management of research and knowledge of European and international research systems
• Linguistic improvement
• Computer improvement
• Core principles of ethics, gender equality and integrity

Master's degrees:

• LMG/01 Class of Master's Degrees in Law
• LMG/01 R Class of Master's Degrees in Law
• LM-56 Economics
• LM-56 R Economics
• LM-62 Political Science
• LM-62 R Political Science
• LM-63 Public Administration Sciences
• LM-63 R Public Administration Sciences
• LM-76 Economic Sciences for the Environment and Culture
• LM-76 R Economic Sciences for the Environment and Culture
• LM-77 Business and Economics
• LM-77 R Business and Economics
• LM/SC-GIUR Legal Sciences
• LM/SC-GIUR R Legal Sciences
• LMG/01 Jurisprudence

Given that, according to the general inspiration of the doctoral course project presented here, the general theory profiles directly integrate the more specialized ones and, in turn, are integrated by them, the professional opportunities can be schematically divided into two categories.
On the one hand, we have the academic opportunities. The doctorate must transfer a knowledge of law that is able to develop critical, analytical, research and theoretical elaboration skills suitable to lead to scientifically appreciable results.
Furthermore, the training path will encourage, stimulate and support the PhD students in the elaboration of scientific publications.
From this point of view, therefore, the doctorate intends to be the starting point for the subsequent academic curriculum and, more specifically, aspires to represent the fundamental starting point for the subsequent university career.
On the other hand, there are opportunities of a more strictly professional nature.
Of course, these certainly include traditional professions: the legal or notary profession, the judiciary.
However, the particular focus given to the doctorate with regard to security disciplines should qualify those who will obtain the title as the candidates of choice for all public or private bodies as well as for national and international organizations and for police forces, within which particular importance is given to security issues: from the authority for cybersecurity, to the authority guaranteeing privacy, from companies (especially multinationals) whose activity involves the management of big data, to consultancy firms.