20110134 - LEGAL LOGIC AND ARGUMENTATION

LEGAL LOGIC AND ARGUMENTATION
The Logic and legal argumentation course is a legal philosophical subject (IUS/20) intended to provide law students with interpretative and argumentative skills required to practice any legal profession. To that end, the course’s objectives are: 1) to provide the students an introduction to basic logical concepts; 2) to enable students to master the main interpretative and argumentative techniques employed in legal reasoning; 3) to enable students to analyze complex legal arguments, such as those found in judicial decisions and to autonomously develop lines of legal reasoning.
The main intended learning outcomes are: 1) knowledge and understanding: be familiar with and understand the fundamental concepts of legal logic and theory of interpretation; 2) ability to apply the acquired knowledge and understanding: to acquire the ability to use autonomously the techniques of legal reasoning; 3) autonomous assessment: to acquire the capacity to critically evaluate a legal argument, in particular those contained in the reasoning of judicial decisions; 4) Communication skills: to communicate the acquired knowledge in a full and exhaustive manner in short written papers; 5) learning skills: to be able to identify the main theoretical and logical problems underlying argumentation in general and legal argumentation in particular; to be aware of the relationship between these problems and the more general issues in legal theory (e.g. the relation between law and morality, the separation of State powers etc.)

Canali

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Programme

The course will provide an extensive introduction to:
- basic logical tools and concepts;
- legal logic and legal reasoning;
- the main canons of legal argumentation;
- the relations between legal and moral reasoning.


Core Documentation

G. Pino, Teoria analitica del diritto I. La norma giuridica, ETS, Pisa, 2016.
D. Canale, G. Tuzet, La giustificazione della decisione giudiziale, Giappichelli, Torino, 2019.
G. Pino, Interpretazione costituzionale e teorie della costituzione, Mucchi, Modena, 2019.

Students who has to achieve 5 CFU has to exclude D. Canale, G. Tuzet, La giustificazione della decisione giudiziale, Giappichelli, Torino, 2019.

Type of delivery of the course

Frontal lessons

Type of evaluation

The exam lasts 60 minutes. It includes six questions with a choice among predetermined answers, and two questions with open answer. In orderto pass the exam it is necessary to get a score of at least 18. The top score is 30.

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Programme

LECTURES
Introduction to:
- fundamental conceptual tools for undestanding, analyzing and evaluating legal argumentation (logic notions, legal reasoning structure, argumentative techniques);
- the topic of the so called rights administration in the constitutional State (structure, logic and interpretation of rights; rights conflicts and its solutions);
- the debate around the role of the community of interpreters in respect to legal sources;
-the debate regarding the nature of constitutional interpretation.

SEMINARS
Investigation, with experts academic and professionals, of specific aspects of the topics examined in the classes.

PRACTICAL WORK
Practical work of analysis, with the active partecipation of students, of judicial decisions in the light of the methodology and the theoretical concepts introduced in the classes.


Core Documentation

D. Canale, G. Tuzet, La giustificazione della decisione giudiziale, Giappichelli, Torino, 2019.
G. Pino, Diritti e interpretazione. Il ragionamento giuridico nello Stato costituzionale, il Mulino, Bologna, 2010.
G. Pino, Interpretazione e “crisi” delle fonti, Mucchi, Modena, 2014.
G. Pino, Interpretazione costituzionale e teorie della costituzione, Mucchi, Modena, 2019.

PLEASE NOTE
Students who has to achieve 5 CFU has to exclude D. Canale, G. Tuzet, La giustificazione della decisione giudiziale, Giappichelli, Torino, 2019.



Type of delivery of the course

Classes, seminars and practical work.

Type of evaluation

Written examination.

teacher profile | teaching materials

Programme

The course will provide an extensive introduction to:
- basic logical tools and concepts;
- legal logic and legal reasoning;
- the main canons of legal argumentation;
- the relations between legal and moral reasoning
The course will be enriched by seminars and workshops in order to offer a more intensive treatment of some of the topics of the course.

Core Documentation

Students interested in taking the course in English should contact Professor Pino in order to be assigned the relevant reading list.

Type of evaluation

The exam lasts 60 minutes. It includes six questions with a choice among predetermined answers, and two questions with open answer. In orderto pass the exam it is necessary to get a score of at least 18. The top score is 30. The exam will be taken online, on the Moodle e-learning platform, pending the COVID-19 emergency