24633 - Roman Legal Methodology

Learning outcomes

At the end of the course students know:
- the interpretative methods followed by roman juriconsults;
- the logical and reasoning techniques used by roman juriconsults in construing case law;
- the logical instruments for the comprehension of the basis of legal science and the construction of western law;
- the basis and the tecniques of the legal rhetoric for the elaboration of the harangue;
- the ways of planning of the law cases.

Course contents

The course is dedicated to studying the method for developing, organizing, and presenting a legal discourse, in both written and oral forms. The educational path combines the solid foundations of classical and Roman rhetoric with the latest challenges of contemporary legal practice. Mastering the art of argumentation is an essential requirement today: current legislation (with specific reference to the Italian Code of Civil Procedure) demands specific standards of clarity, conciseness, and logical rigor from legal professionals.

The course provides the methodological tools for lawyers to develop a winning litigation strategy and to thoroughly understand the structure of a magistrate's decision-making reasoning.

The course is divided into two main modules:

1. Judicial Discourse

• Methods for framing legal cases: conjecture, definition, and legality.
  
  
• Development and organization of legal discourse: the discovery and arrangement of arguments, style and language, and procedural conduct.
  
  
• Requirements for parties' legal pleadings under current legislation.
  
  
• Requirements for judicial measures, with a specific focus on the reasoning and grounds of court judgments.

2. Legal Ethics and Deontological Codes

• Ethical principles for lawyers within the Italian Code of Legal Ethics (Codice Deontologico Forense).
  
  
• Ethical principles for magistrates within the Code of Ethics of the National Association of Magistrates (ANM).

 

Learning Outcomes and Expected Competencies

By the end of the course, students will have acquired:

• Methodological Competence: The ability to structure legal pleadings and oral arguments according to the criteria of effectiveness, clarity, and conciseness required by modern courts.
• Critical Thinking Skills: The aptitude to deconstruct and analyze opposing arguments and the reasoning of judgments to identify their strengths or weaknesses.
• Ethical Awareness: A full understanding of the deontological boundaries regulating relationships between parties in judicial proceedings and the role of magistrates.

 

Attending students

For attending students the exam will take place on the topics covered in class.

Erasmus students

The exam program for Erasmus students will be agreed with the course holder.

Students who intend to obtain recognition of examinations abroad (Erasmus, Overseas or other exchange programs)

The course holder will evaluate the congruity of the contents proposed with the object of study of the discipline.

Readings/Bibliography

A. BELLODI ANSALONI, Scienza giuridica e retorica forense, 3a ed., Maggioli 2020.

Useful materials will be indicated in class.

Teaching methods

The course is predominantly based on traditional lectures.

Within the framework of the course, lectures will be supplemented by hands-on workshop activities aimed at putting into practice the rules of judicial discourse writing learned during class.

Assessment methods

Classes will be held during the first semester; therefore, the exam can be taken starting from January 2027.

Exam:

The check of objectives will be made by oral exam.

The evalutation of the exam will be made by appreciating program’s knowledge, ability in making logical-deductive reasonings and in speaking the technical-legal terminology.

Gradation of the final grade:

Preparation on very few arguments of the course, analytical skills only by professor’s help, limited ability in speaking the technical-legal terminology: 18-20;

Preparation on few arguments of the course, skills in making logical-deductive reasoning mostly by professor’s help, middling ability in speaking the technical-legal terminology: 21-24;

Preparation on the most of course program, analytical skills, autonomous ability in making logical-deductive reasonings and connections, fairly good knowledge of the technical-legal terminology: 25-29;

Exhaustive preparation on the whole course program, good analytical skills, good and autonomous ability in making logical-deductive reasonings and connections, knowledge of the technical-legal terminology: 30-30L.

Students with learning disorders and/or temporary or permanent disabilities:

Please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Degree thesis

The theses will be assigned after an interview with the teacher, taking into account the student's interests.

The degree thesis consists of an exhaustive treatment that reveals autonomous research skills, methodological and judgmental maturity, interdisciplinary legal knowledge.

It is important to demonstrate that you know how to consult, use and organize the fundamental literature on the subject.

Teaching tools

In order to facilitate the assimilation of the concepts, the illustration of the topics covered will be accompanied, during the lessons, by slide presentations to support teaching.

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be arranged on the adoption of the most appropriate measures.

Office hours

See the website of Anna Bellodi Ansaloni