Legal Logic
A.Y. 2022/2023
Learning objectives
A - Ability to understand the fundamental features of most subjects taught at Italian Law Schools (i.e., legal-dogmatic, or positive law sciences)
B - Ability to recognize the different types of "proofs" used in legal-dogmatic texts
C - Ability to recognize fallacies in legal-dogmatic argumentations
D- Ability to reformulate in a logically rigorous language the argumentations formulated by legal-dogmatic jurists
E Improvement of the ability to learn legal-dogmatic, or positive-law subjects
B - Ability to recognize the different types of "proofs" used in legal-dogmatic texts
C - Ability to recognize fallacies in legal-dogmatic argumentations
D- Ability to reformulate in a logically rigorous language the argumentations formulated by legal-dogmatic jurists
E Improvement of the ability to learn legal-dogmatic, or positive-law subjects
Expected learning outcomes
At the end of the course, the student will be aware of the hallmarks of axiomatic sciences in general and of the legal dogmatics in particular. As for the latter, the student will become aware of the specific features of these sciences and of their differences from such empirical legal sciences as sociology of law. This will prove crucial, should the student decide to become a lawyer or a judge.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
The course addresses the various types of logic and the structure of such axiomatic sciences as legal dogmatics ("so-called science of positive law"), dogmatic theology, and linguistic prescription. Specific attention will be paid to the special features of the logic underlying the legal dogmatics (in the plural).
Prerequisites for admission
Having passed at least two exams in courses in positive-law subjects
Teaching methods
Dicussion of assignments provided by the instructor
Teaching Resources
Attending students: Assignments provided by the instructor during the lectures
Non-attending students: G. Carcaterra, Presupposti e strumenti della scienza giuridica, 2a ed. rivista e ampliata, Torino: Giappichelli, 2012, pp. 127-262;
E. Fittipaldi, Conoscenza giuridica ed errore, Roma, Aracne, 2013. Students are entitled to not study the numbered notes. Asterisked notes, instead, must be studied. The Glossary must be studied too.
Non-attending students: G. Carcaterra, Presupposti e strumenti della scienza giuridica, 2a ed. rivista e ampliata, Torino: Giappichelli, 2012, pp. 127-262;
E. Fittipaldi, Conoscenza giuridica ed errore, Roma, Aracne, 2013. Students are entitled to not study the numbered notes. Asterisked notes, instead, must be studied. The Glossary must be studied too.
Assessment methods and Criteria
Oral exam and classroom discussion
Professor(s)