Complementary Course: "theory of Legal Argumentation"

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.

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.