The course aims to make students: -know the most widespread techniques of legal interpretation and the basics of evidential reasoning; -know and be able to handle the problems connected to legal argumentation; -know how to use a language proper to the discussion of the problems connected to legal interpretation and argumentation.
Expected learning outcomes
-knowledge and use of techniques of interpretation; -knowledge and analysis of evidential reasonings; -capacity to identify and examine techniques and reasonings contained in judicial provisions.
The course will focus on legal reasoning, with specific regard to the techniques of legal interpretation. It will consider both the legal techniques employed in our legal system and those employed in other legal systems (both of civil and common law). Some lessons will focus on the methods of interpretation of the Constitution and of EU law. It will be provided a basic analysis of evidential reasoning.
Prerequisites for admission
Basic knowledge of private and constitutional law.
Teaching methods: a) lecturer's lessons; b) in-depth analysis and classroom discussion of the reading materials, including legal doctrine and case law.
For non-attending students: -D. CANALE, G. TUZET, La giustificazione della decisione giudiziale, Torino, Giappichelli, 2019, the whole book. -F. SCHAUER, Il ragionamento giuridico. Una nuova introduzione, Roma, Carocci, 2016, (chapters 4, 6 and 7 excluded). For attending students: - D. CANALE, G. TUZET, La giustificazione della decisione giudiziale, Torino, Giappichelli, 2019, the whole book. -Materials provided during the course.
Assessment methods and Criteria
The final exam will be oral. Grades are expressed on a 18-30 cum laude scale. There is no ongoing verification.