Deontology of legal professions

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/20
Language
Italian
Learning objectives
The aim of this course is to build knowledge with regard to the theoretical and legal aspects of the ethics of legal professions, and will consider legal ethics as including both deontological norms stricto sensu and disciplinary ones. It aims to provide knowledge with specific regard to lawyers, the judiciary and notaries. This in turn also thanks to the "direct" contact in class with representatives of the legal professions. For what concerns lawyering, this course also aims to provide knowledge for the Bar examination. Students' active participation in class is a crucial aspect with regard to the aims of this course.
Expected learning outcomes
Students are expected at the end of the course to have acquired the ability to apply abstract knowledge to a specific sector and concrete situation with regard to legal ethics as well as to have honed their capacity of analysis and synthesis. They are also expected to have developed their ability to formulate autonomous judgments and their capacity to learn through sources other than written texts. Lessons, that for what concerns the theoretical contributions will draw from disparate disciplines such as legal theory, legal philosophy, socio-legal studies, law and literature and legal ethics, will therefore include analysis of films, videos and literary texts, in addition to hosting lawyers, judges and notaries who will share their practical experiences and thoughts. Students should have improved their ability to communicate in public, and more specifically learned how to defend a thesis and develop supporting arguments. They are also expected to have expanded their learning skills to continue to study in a manner that may be largely self-directed and autonomous and to make the transition from the university to legal professions.
Course syllabus and organization

Single session

Responsible
Lesson period
First semester
Course Syllabus
No changes to the programme are planned. The course remains characterized by an inclusive and participatory teaching style; therefore, the distinction between a programme for attending students and a programme for non-attending students remains valid during the 2020-2021 edition. The cycle of seminars "Meet the Legal Professions (Incontri con le professioni giuridiche)" remains also in this edition a key element of the course and, indeed, online teaching facilitates it, since the geographical distance of the professionals involved becomes irrelevant.

Bibliography
No changes are planned either with regard to the reading materials and the fact that they are all available on the Ariel website of the course.

Teaching Methods
The course is delivered in online mode through the Microsoft Teams platform. All lessons will be held both in synchronous mode (i.e. with direct online connection at the time scheduled for the course and mentioned in the schedule of the courses) and asynchronous mode (i.e. that allows access to the recorded content of the lesson at times other than the time of the lesson) and all asynchronous content will be available on the Ariel website of the course.
The course remains designed with an inclusive and participatory teaching style, which will be made possible both by the discussion that will take place synchronously in different lessons and that will reproduce what usually takes place in presence, and by some tools typical of inclusive online learning that will help students to absorb the course's topics in a pleasant way.

Assessment Methods and Criteria
The exams will be oral and will take place online on the Microsoft Teams platform according to the modalities mentioned on professor Bellucci's Ariel website of the course. This website will provide general information about online exams, that follows the information provided by the University and will always be available on the Ariel website of the course, as well as specific information related to each examination that is uploaded on the same website after the closing of the enrolment. In case the number of students enrolled in the exam requires it, the specific information will also provide indications on the times of each student's examination, to avoid that he or she waits too long online and at the same time to guarantee the publicity of the exam. Students are therefore kindly requested to check the Ariel website of the course as a reference point for any communication related to the exams on Microsoft Teams. The assessment criteria remain those usually applied for this course. There are no changes with regard to the criteria mentioned in the appropriate field that students are therefore encouraged to consult.
Course syllabus
Course Syllabus

A) Lawyers
·Il buio oltre la siepe: A critical analysis of the film directed by Robert Mulligan (original title: To Kill a Mokingbird)
·Principles of lawyers' legal ethics shaped through class discussion/a critical analysis of the film and a reading of a limited number of pages of Harper Lee's book
·The new Lawyers' Ethical Code and the analysis of Lawyers' obligations as mentioned in its section n. 1
·Ethics in legal professions in light of Giovanni Tarello's thoughts on the role of lawyers, their relationships with judges, the "public" vs. "private" dimension of lawyering, the right to defence, etc.
·Il mercante di Venezia: A critical analysis of the film directed by Michael Radford (original title: The Merchant of Venice) and a reading of a limited number of pages of William Shakespeare's text
·Discrimination, conflicts and ethics: Class discussion and critical analysis of legal professions as pictured in Shakespeare's work
·Analysis of the recent legal changes occurred in Italy in the field of legal ethics/deontology
·The disciplinary proceeding
·Tipicità or atipicità of the relevant conduct and the Consiglio Nazionale Forense's ruling 137/2015

B) Judges
·In nome del popolo italiano: A critical analysis of the film directed by Dino Risi
·Principles of judges' legal ethics in light of the class discussion/critical analysis of the movie
·Judges and ethics in Italian cinematography in the book by Vincenzo Tomeo Il giudice sullo schermo: An analysis based on excerpts from this text and a video on this work showing film clips
·Judges' disciplinary responsibility, the tendential tipizzazione of the disciplinary relevant conduct and the disciplinary proceeding
·A few considerations about the differences between judges' disciplinary, civil and criminal responsibilities.
·Thoughts on judges' legal ethics in light of Luigi Ferrajoli's contributions. Class discussion
·La parola ai giurati: a critical analysis of the film directed by Sidney Lumet (original title: 12 Angry Men)
·The criticalities of adjudication through class discussion and critical film analysis
·Judges' Ethical Code
·Emotions, rationality and irrationality in the trial and adjudication: Considerations about Alice nel paese delle meraviglie and Attraverso lo specchio, written by Lewis Carroll. Class discussion

C) Notaries
·The Latin notary: An analysis of the diffusion of the model and a comparison with the common law tradition
·The notary law and the disciplinary norms concerning notaries
·Principles of notaries' legal ethics and the protocols of the notaries' activity
·Notaries' ethics and their role in implementing anti-money laundering norms: The EU 2015/849 and 2018/843 Directives and the Annual Report of the Unità d'Informazione Finanziaria della Banca d'Italia

D) The practical experiences of lawyers, judges and notaries
·The contribution of lawyers, judges and notaries, who will participate in the cycle of seminars "Meet the Legal Professions (Incontri con le professioni giuridiche)", to the study of strictly ethical and/or disciplinary norms: how these norms become more understandable in light of professionals' practical experiences that are presented within the analysis of specific themes.
Prerequisites for admission
Prerequisites for Admission

Private Law and Constitutional Law.
Teaching methods
Teaching Methods

Frontal lessons and class discussions will be both used with a dominance of the latter. The contribution of lawyers, judges and notaries, who will participate in the cycle of seminars "Meet the Legal Professions (Incontri con le professioni giuridiche)" will establish a link with the professional world. Based on the idea that class participation is an integral part of learning, students will be encouraged to develop their ability to learn through active class participation, particularly by interacting with the lecturer and invited guests from the professional world, and listening to the views shared by other class members. Class attendance is therefore encouraged. Periodically, students will be given reading assignments from a reading list that will be presented at the beginning of the course and will serve as a springboard for class discussion. To be considered in attendance, active class participation which is respectful of others in class is expected at all times and a minimum of 60% attendance rate must be maintained.
The course will be held in Italian.
Teaching Resources
Bibliography

All students (attending and non-attending ones) will agree with the lecturer on the study topics for the final examination. These topics will be chosen on the basis of the student's personal interests and professional goals. The lecturer will provide the study material.

All readings will be available on the ARIEL website of the course.

Attending students will agree with the lecturer on the legal documents and theoretical texts to study for the exam within one legal profession. They will select them from among the topics indicated during the course.
On the other hand, non-attending students will agree with the lecturer on the study topics for the final examination with regard to two legal professions. They will agree with them on 5 legal topics selected from among those indicated during the course (e.g. laws, rulings, directives, ethical codes or parts of them, etc.) and 8 theoretical contributions (see articles, chapters or book pages listed here below; only the pages mentioned in the list). If the contributions are listed at one point they need to be considered as one contribution (e.g. the contributions by Tarello and Ferrajoli).

·Harper Lee, Il buio oltre la siepe, Feltrinelli, 1982 (translation of To Kill a Mokingbird, 1960), pp 280-285
·Giovanni Tarello, "Due interventi in tema di deontologia", Materiali per una storia della cultura giuridica, XII/1, June 1982, pp. 207-218 and Luigi Ferrajoli, Commento, in Gianfrancesco Zanetti (ed.), Elementi di Etica Pratica. Argomenti normativi e spazi del diritto, Carocci, Roma 2003, pp. 142-146
·Mario Ricciardi, La crisi di identità dell'avvocatura e la deontologia forense, in Maurizio Manzin and Paolo Moro (eds.), Retorica e deontologia forense, Giuffrè, 2010, pp. 63-74
·William Shakespeare, Il mercante di Venezia, Mondadori, Oscar classici, 2000 (translation of The Merchant of Venice), pp. 123-125, 134-135, 140-143, 146-149, and 152-167
·Paul M. Perell, Deceived with Ornament: Law, Lawyers and Shakespeare's The Merchant of Venice, pp. 1-20, available at http://www.lsuc.on.ca/media/third_colloquium_paul_perell.pdf
·Vincenzo Tomeo, Il giudice sullo schermo, Laterza 1973, pp. 3-42 and/explained by Guglielmo Siniscalchi's video "L'immagine del Magistrato nella storia del cinema italiano", Questione Giustizia, 13 February 2013, available at http://www.questionegiustizia.it/ articolo/l-immagine-del-magistrato-nella-storia-del-cinema-italiano_13-02-2013.php
·Vito Velluzzi, La distinzione tra analogia giuridica ed interpretazione estensiva, in Maurizio Manzin and Paolo Sommaggio (eds.), Interpretazione giuridica e retorica forense, Giuffrè, 2006, pp. 133-148.
·Luigi Ferrajoli, Diritto e ragione. Teoria del garantismo penale, Laterza (1989) 2008, pp. 612-619 and Luigi Ferrajoli, La democrazia attraverso i diritti. Il costituzionalismo garantista come modello teorico e come progetto politico, Laterza, 2013, pp. 236-245
·Lewis Carroll, Il mondo di Alice (Masolino d'Amico ed.), BUR Biblioteca Univ. Rizzoli, 2006 (original titles: Alice's Adventures in Wonderland, Through the Looking Glass and What Alice Found There), pp. 100-112, 132-133, 138-139, and 156-157
·Francesca Scamardella, "Narrazioni giuridiche nei mondi di Alice: la dimensione del possibile", Between, II/3, May 2012, pp. 1-16
Assessment methods and Criteria
Assessment Methods and Criteria

The final exam will be oral. The assessment will focus on the accuracy of contents, clarity, command of language, as well as skills of analysis and synthesis. Grades are expressed on a 18-30 cum laude scale.

There are no specific programmes for Erasmus students/students taking part in other student mobility programmes.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor: Bellucci Lucia
Professor(s)
Reception:
During the first semester Professor Lucia Bellucci is available for students on Microsoft Teams (not Skype anymore) on Thursday at 2.15 p.m. (14.15) and 6.45 p.m. (18.45), access code: aeogc6v. During the second semester Prof. Bellucci will be available b
Microsoft Teams