Theory and technique of legal interpretation

A.Y. 2020/2021
Overall hours
Learning objectives
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.
Course syllabus and organization

Single session

Lesson period
Second semester
In the event of a new health emergency, lectures will be held online on the platform Teams in sync.
The lectures will be recorded and available on the same platform and / or on the ARIEL website. Information about the access to Microsoft Teams and other teaching instructions will be uploaded on ARIEL website.
It is recommended to visit ARIEL website regularly.
In the event that health situation allows it, and according to the safety rules, lecture will be held in the classroom (mixed mode); in this case, students will be promptly informed via ARIEL website.
In any case, the lectures will be recorded and left available for the entire semester.

Program and reference material
The course syllabus and reference material are the same.

Learning assessment procedures and assessment criteria

The exam procedure will be the same.
The exam will take place orally on the Microsoft Teams platform.
In the event that health situation allows it the exam will take place in the classroom, according to the classrooms availaibility and the safety rules.
In any case, the chance of taking the exam remotely will be ensured for students unable to move from their domicile.
Course syllabus
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).
Prerequisites for admission
Basic knowledge of private and constitutional law.
Teaching methods
Teaching methods: a) lecturer's lessons; b) in-depth analysis and classroom discussion of the reading materials, including legal doctrine and case law.
Teaching Resources
For non-attending students:
-D. CANALE, G. TUZET, La giustificazione della decisione giudiziale, second edition, Torino, Giappichelli, 2020, the whole book.
-V. VELLUZZI, Le Preleggi e l'interpretazione. Un'introduzione critica, Pisa, Ets, 2013, limited to pp. 13-30 and 57-110.
For attending students:
- D. CANALE, G. TUZET, La giustificazione della decisione giudiziale, second edition, Torino, Giappichelli, 2020, 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.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor: Velluzzi Vito