Deontology of legal professions

A.Y. 2021/2022
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 2021-2022 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, the possibility to continue to use the Microsoft Teams platform anyway 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
More specific information on the delivery modes of training activities for the academic year 2021-2022 will be provided over the coming months, based on the evolution of the public health situation.
Any updates/modifications that will be necessary with regard to the delivery methods will be promptly communicated on the Ariel website of the course and will be informed at the principle of inclusive teaching.

Assessment Methods and Criteria
The exams will be oral and will take place according to the university's directives for the academic year 2021-2022. The Ariel website of the course will provide information about the exams. When there will be a change in the examination format, so that the examination is once again held in person, immediate notification will be given on this website. Students are therefore kindly requested to check the Ariel website of the course as a reference point for any communication related to the exams. 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, online (see the Ariel website of the course)
·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, online (see the Ariel website of the course)
·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:
Professor Bellucci is available for students online on Microsoft Teams; during the first semester on Tuesdays at 12 pm –please write an email to the professor (lucia.bellucci@unimi.it), during the second semester by appointment which will be taken by emai
Microsoft Teams