METHODOLOGY AND LEGAL LOGIC
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- BALDASSARE PASTORE
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/20
Training objectives
- The main goal of the course consists in providing the basis to acquiring a full ability in analysing and interpreting legal sources by means of mastery in interpretive techniques, reasoning and argumentation. Another goal consists in acquiring consciousness about cultural and value aspects connected to the legal questions and, in general, to the jurist's function.
The main acquired knowledge will refer to the forms and criteria of interpretation and legal reasoning, in their connection with legal sources.
The basic acquired abilities (i. e. the capacity of applying the acquired knowledge) will refer to the methodological and deontological aspects connected with legal interpreters’work in today’s pluralistic societies. Prerequisites
- Knowledge of legal terminology, ability to use a sound vocabulary of specialised terms, ability to read legal texts with understanding. Getting through the exam of Filosofia del diritto is a necessary condition for standing up to the test.
Institutions of Private Law, Constitutional Law and Philosophy of Law are propaedeutic exams. Course programme
- The course forecasts 40 hours of teaching. The course deals with the subject matter concerning legal reasoning and interpretation in judicial context. It pays attention to the processes of realization of law. In the first part, it analyses the questions regarding the modalities of interpreting and applying legal texts with reference to cases and the way by which interpreters find the "right" decision. The course provide an investigation on the sources of law (12 hours), on the functions of legal methods (4 hours), on the forms of argumentation (4 hours), on the role of rational control in interpretation (4 hours), on legal logic (2 hours), on legal ethics (2 hours), on application of rules from a sociological and legal point of view (4 hours).In the second part (8 hours) we will focus on the relationship between techno-sciences and law and on some issues related to the legal regulation of emerging technologies, with their repercussions in legal reasoning.
Didactic methods
- The course is organized in frontal lectures on all the topics regarding the course programme. Active partecipation of students will be furthered: they will be required to take part into discussion about main legal concepts.
Learning assessment procedures
- LEARNING ASSESSMENT PROCEDURES
The exam consists of a oral test. The aim of the exam is to verify at which level the learning objectives previously described have been acquired. Students have to answer some questions on the topics regarding the course programme. The final evaluation is established in connection with the examination results. Reference texts
- B. Pastore, Interpreti e fonti nell’esperienza giuridica contemporanea, Cedam, Padova, 2014.
Teacher’s handouts on the relationship between techno-sciences and law and on the legal regulation of emerging Technologies.
