B5809 - ARGOMENTARE E DECIDERE NEL DIRITTO

Learning outcomes

Reasoning and argumentation are essential in legal practice. Applying law to concrete cases requires reasoning about its contents and the facts that, from time to time, are relevant, so as to relate them and establish what discipline the former demands for the latter. Having completed this reasoning, we must be able to justify the conclusion we have reached, using valid and convincing arguments even in the face of possible counter-arguments. What is the correct way to do this? How should one reason about law and justify, or challenge, a certain conclusion? This course provides the instruments to do both, combining analysis of the most relevant models of legal reasoning and argumentation with their application, through a series of activities that will take place in the classroom. To this end, the course will be structured into theoretical and practical sessions.

Course contents

The course is divided into three units: 1) the first unit focuses on

logic and basic inferential schemes (deduction, induction,

abduction); 2) the second unit addresses the argumentative

dimension of legal reasoning and, in particular, interpretative

arguments; 3) the third unit focuses on specific issues, introduced in

the first two units (legislative intent, analogy, rules and principles,

proportionality and balancing, originalism), in light of judicial cases

and decisions.

Teaching methods

Classes will cover course contents and include the discussion and critical analysis of selected readings and judicial decisions in class.

During the course, there will be several practical sessions in which we will apply to concrete cases the models and tools of reasoning and justification that we will analyze and discuss during classes.

Further information about the course will be provided in class and published online.

This is a first-semester course.

Assessment methods

The evaluation will consist of an oral exam testing the students' understanding of the complex issues discussed during the course as well as their knowledge of the main theories on those issues. Hence, the exam will not necessarily dwell on specific textual passages but will rather test the students' ability to elaborate an argument and to understand the problems connected to it. Normally, the oral examination consists of a series of questions on the texts of the course, and the final grade is the result of an average of the results of the answers to these questions. When students achieve an organic view of the issues addressed in lectures, demonstrating a mastery of the specific terminology and conceptual framework of the discipline, they will be assessed with marks of excellence. Lack of concision and the usage of language and terminology which are not always appropriate will lead to a fair evaluation; knowledge gaps and inappropriate language - although in a context of acceptable knowledge - will not go beyond the grade threshold “sufficient”. Knowledge gaps (such as to have ignored some of the texts in the program for the course), inappropriate language, and lack of any overall view of the basic issues discussed in textbooks and during the course that will lead to an insufficient assessment.

 

Final grading criteria:

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Students registering for the exam must so do using the University's Almaesami system.

Teaching tools

Slides and handouts summarizing the course contents; discussion and critical analysis of selected readings and judicial decisions in class; use of online platforms to access and exchange information about the course.

All information relative to the course, along with any course material, will be available online at https://iol.unibo.it/ or https://www.unibo.it/sitoweb/c.valentini

Students with learning disorders or other impairments who need special aids can point that out to the professor, who will make appropriate arrangements.

Office hours

See the website of Chiara Valentini