Complementary Course: "theory of Legal Argumentation"
A.Y. 2023/2024
Learning objectives
The scope of the course - as integrative of the main course of Philosophy of Law and of General Theory of Law - is to examine and discuss the nature and features of legal reasoning. Legal reasoning is compared to both ordinary and moral reasoning. In particular, the main purpose of these lectures is to give to the students a critical understanding of the role played by legal argumentation in the process of law, taking into account the different forms and/or the current usages of justification as well the interpretation of legal texts and their application. It will discuss assumptions and circumstances used to justify a legal solution. Theories of legal argumentation will be discussed also, with relevant judicial rulings and/or political debates. The teaching will be mainly practical and recommends an interactive approach by students. During lessons case law and regulations will be openly discussed. In brief, the program will be the following: introduction to the concepts of reasoning and justification; analysis of the distinctive features of legal reasoning and of its similarities-differences with moral and ordinary reasoning; illustration of the contested relationship of the concepts of reasonableness, justice and equity; logical lapses and fallacies.
Expected learning outcomes
The students are required to learn and develop:
- A knowledge of reasoning in the domain of law, its relevant relations and impact in the context of public debate and moral issues;
- The ability to apply theoretical concepts in practical situations, taking into account both the limits of law and evaluations of legal political choices and options;
- The ability to record, analyze and interpret legal discourses in order to make independent and critical judgments;
- The ability to communicate information, ideas, problems and solutions to both specialist and non-specialist;
- The development of appropriate skills and abilities required in order to understand and evaluate the accuracy, strength and persuasiveness of legal arguments and reasoning.
- A knowledge of reasoning in the domain of law, its relevant relations and impact in the context of public debate and moral issues;
- The ability to apply theoretical concepts in practical situations, taking into account both the limits of law and evaluations of legal political choices and options;
- The ability to record, analyze and interpret legal discourses in order to make independent and critical judgments;
- The ability to communicate information, ideas, problems and solutions to both specialist and non-specialist;
- The development of appropriate skills and abilities required in order to understand and evaluate the accuracy, strength and persuasiveness of legal arguments and reasoning.
Lesson period: Second semester
Assessment methods: Attestato frequenza
Assessment result: con verifica abilita
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
Second semester
Course syllabus
1st lecture (2 hrs) Introduction to the course
2nd lecture (2 hrs) Analysis of ILVA case (Constitutional Court rulings 2013 and 2018)
3rd lecture (2 hrs) DieselGate case Class Action Tribunale di Venezia 2021
4th lecture (2 hrs) Public policy and the so-called "surrogacy": C. Cost. sent. 33/2021
5th Lecture (2 hrs.) "Mandatory" vaccinations and health personnel: C. Cost. sent. 5/2018
6à Lecture (2 hrs.) Application for a declaration of a principle of law in the interest of the law (appealability of action to stay the enforceability of title in opposition to a writ: Cass. U.S. 19899/2019) and Cartabia Reform, first referral application for preliminary rulings
7à Lecture (2 hours) Presentation and discussion of a case by the students (the case will be agreed with the student).
8à Lecture (2 hrs) Presentation and discussion of a case by the students (the case will be agreed with the student).
9à Lecture (2 hours) Presentation and discussion of a case by the students (the case will be discussed with the student)
10à Lecture (2 hours) Presentation and discussion of a case by the students (the case will be discussed with the student)
2nd lecture (2 hrs) Analysis of ILVA case (Constitutional Court rulings 2013 and 2018)
3rd lecture (2 hrs) DieselGate case Class Action Tribunale di Venezia 2021
4th lecture (2 hrs) Public policy and the so-called "surrogacy": C. Cost. sent. 33/2021
5th Lecture (2 hrs.) "Mandatory" vaccinations and health personnel: C. Cost. sent. 5/2018
6à Lecture (2 hrs.) Application for a declaration of a principle of law in the interest of the law (appealability of action to stay the enforceability of title in opposition to a writ: Cass. U.S. 19899/2019) and Cartabia Reform, first referral application for preliminary rulings
7à Lecture (2 hours) Presentation and discussion of a case by the students (the case will be agreed with the student).
8à Lecture (2 hrs) Presentation and discussion of a case by the students (the case will be agreed with the student).
9à Lecture (2 hours) Presentation and discussion of a case by the students (the case will be discussed with the student)
10à Lecture (2 hours) Presentation and discussion of a case by the students (the case will be discussed with the student)
Prerequisites for admission
There are no specific mandatory preparatory courses. However, prior attendance and/or passing of the Philosophy of Law exam is recommended. It is advisable to take this integrative course together with the main course General Theory of Law.
Teaching methods
The course will have a practical approach and will follow a case-by-case method. The methodology of teaching will be based on the principles of "learning-by-doing" and "bottom-up"; proactive participation of students will be strongly encouraged and stimulated.
Teaching Resources
Teaching Materials: All materials, such as readings and texts of legal cases, will be available on the Ariel site for the course before it begins and may be updated and integrated with additional materials during the course.
Suggested reading for everybody, on which to take the test, as an alternative to presenting and discussing the case during the course: La giustificazione della decisione giudiziale - CANALE D., TUZET G. - Ed. II - 2020 Giappichelli
Suggested reading for everybody, on which to take the test, as an alternative to presenting and discussing the case during the course: La giustificazione della decisione giudiziale - CANALE D., TUZET G. - Ed. II - 2020 Giappichelli
Assessment methods and Criteria
Grading Method: Generally, the course will be graded orally for both participating and non-participating students. Students who attend at least 80% of the class are required to prepare and discuss a legal case during one class period (the specific date of the presentation will be arranged by each student with the teacher and all other course participants). Students will have the opportunity to present the case orally and/or using a ppt presentation. Grading will be in the form of agree/disagree. Assessment criteria in all cases will be correctness and consistency of learning, clarity of language and argument, and ability to analyse and think critically.
Educational website(s)
Professor(s)
Reception:
Every day subject to previous appointment by email required
Department / OnLine Teams or by other Platform up to Students' request