Legal Argumentation
A.Y. 2024/2025
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.
-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.
-knowledge and analysis of evidential reasonings;
-capacity to identify and examine techniques and reasonings contained in judicial provisions.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
1. Introduction to the course
2. Legal sources, provisions, norms
3. Legal argumentation: relevance to legal practice
4. Giving reasons for and against: teaching and method
5. Interpretation, application, argumentation
6. Interpretation-activity, interpretation-product
7. Formal, sceptical and mixed conceptions
8. Law as an administered language
9. Vagueness, ambiguity, genericity and redundancy
10. Syntactic, semantic and pragmatic problems. Evaluation terms
11. "Letter" and "spirit"
12. Easy cases and difficult cases
13. Interpretation vs integration
14. The interpretative arguments
15. Interpretative policies and legal ideologies
16. Dogmatic constructions
17. Do judges create law?
18. Correct/wrong interpretations and the limits of interpretation
19. Constitutional interpretation
20. Dialogue between courts in global-supranational law
21. The interpreter's responsibilities and the deontological dimension
2. Legal sources, provisions, norms
3. Legal argumentation: relevance to legal practice
4. Giving reasons for and against: teaching and method
5. Interpretation, application, argumentation
6. Interpretation-activity, interpretation-product
7. Formal, sceptical and mixed conceptions
8. Law as an administered language
9. Vagueness, ambiguity, genericity and redundancy
10. Syntactic, semantic and pragmatic problems. Evaluation terms
11. "Letter" and "spirit"
12. Easy cases and difficult cases
13. Interpretation vs integration
14. The interpretative arguments
15. Interpretative policies and legal ideologies
16. Dogmatic constructions
17. Do judges create law?
18. Correct/wrong interpretations and the limits of interpretation
19. Constitutional interpretation
20. Dialogue between courts in global-supranational law
21. The interpreter's responsibilities and the deontological dimension
Prerequisites for admission
Preparatory courses: as per Regulation of the course degrees. In particular, Private Law Institutions and Constitutional Law are considered as preparatory courses.
Teaching methods
The course takes the form of face-to-face classes, but the active participation of students is always encouraged and fostered, as the discussion among them and with the professor. In particular, the second part of the course, which will be devoted to the analysis of jurisprudence and case law, will have a practical and interactive approach and therefore proactive participation by students is strongly recommended.
Teaching Resources
The interpretation in the law of Pino Giorgio. Publisher Giappichelli Torino ed. 2021 ISBN 9788892141018. All attending and non-attending students, without distinction, must prepare the exam by studying the text whose individual chapters will be explaned and discussed in class.
Assessment methods and Criteria
Method of Grading: The final examination at the end of the course will be oral and the grade will be 18-30/30 cum laude. Assessment criteria are the correctness and consistency of the subject matter, clarity of language and argumentation, and the ability to analyze and think critically.
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor:
Zorzetto Silvia
Shifts:
Turno
Professor:
Zorzetto SilviaProfessor(s)
Reception:
Every day subject to previous appointment by email required
Department / OnLine Teams or by other Platform up to Students' request