24634 - Logic and Legal Reasoning

Academic Year 2020/2021

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 0659)

Learning outcomes

Students will be introduced to a) the main kinds of arguments, their logical structure (schemes of argumentation) and their use in various cognitive situations; b) the fundamentals of rhetoric and dialectic, and c) their application to legal argumentation (in particular to the "art of cross-examination").

Course contents

The course will be organized around the following themes: 1) Logic; 2) Rethoric; 3) Dialectic. The organization is flexible. The arguments to be treated can vary according to the students' interests and the teacher's planning. They are likely to include: kinds of arguments; deduction, induction, abduction; proof and argumentation; the method of hypotheses; argumentation and persuasion; the rhetorical system; ethos, pathos, logos; truth and truth-likeness; arguments and fallacies; questioning and refuting; perception and reality; psichology of testimony; cognitive errors; the trial: law, rhetoric and epistemology; the reasonable doubt; real truth and legal truth.

Readings/Bibliography

Attending students:

1) A. TRAVERSI, La difesa penale. Tecniche argomentative e oratorie, Giuffrè, Milano, 2014.

2) G. CAROFIGLIO, L'arte del dubbio, Sellerio, Palermo 2007.

3) R. ALEXY, Teoria dell’argomentazione giuridica, Giuffrè, Milano, 1998.

4) S. SCHOPENHAUER, L'arte di ottenere ragione, Adelphi, Milano, 1991.

The student will also read one of the following books:

5a) R. BARTHES, La retorica antica, Bompiani, Milano, 2000.

5b) O. REBOUL, Introduzione alla retorica, il Mulino, Bologna, 2002.

NOTE: Changes to the program can be made during the course.

Non-attending students:

1) A. TRAVERSI, La difesa penale. Tecniche argomentative e oratorie, Giuffrè, Milano, 2014.

2) G. CAROFIGLIO, L'arte del dubbio, Sellerio, Palermo 2007.

3) R. ALEXY, Teoria dell’argomentazione giuridica, Giuffrè, Milano, 1998.

4) C. PERELMAN, L. OLBRECHTS-TYTECA, Trattato dell’argomentazione. La nuova retorica, Einaudi, Torino, 2001.

The student will also read one of the following books:

5a) R. BARTHES, La retorica antica, Bompiani, Milano, 2000.

5b) O. REBOUL, Introduzione alla retorica, il Mulino, Bologna, 2002.

 

Teaching methods

The course is structured in frontal lectures (24 lectures of 2 hours, in all 48 hours). Each lecture will consiste in a presentation of a topic followed by an "open" discussion with the students in order to promote the students' involvement as well as to sharpen the students' critical skills.

Assessment methods

There will be an oral final exam consisting in a discussion of three arguments, one of which chosen by the student and the other two chosen by the teacher, the aim being both to ascertain the knowledge acquired by the student and to evaluate the degree of the student's "response" to the course learning objectives, in particular as regards the students' critical skills.

Graduation of the final grade

Preparation on a very limited number of topics; analytical skills emerging only with the help of the teacher; overall correct language → 18-19.

Preparation on a limited number of topics; limited analytical skills; correct language → 20-24.

Preparation on a large number of topics; analytical skills above average; mastery of specific terminology → 25-29.

Exhaustive preparation; analytical skills above average; full mastery of specific terminology; autonomous argumentation skills → 30-30L.

Degree Thesis

Students wishing to apply for a degree thesis are requested to 1) contact the teacher at least seven months before the session in which they intend to graduate, and 2) consult the titles of the theses already completed that appear in the "Didactics-Thesis" section in the teacher's website.

Teaching tools

Slides, texts and occasionally audio-visual aids provided by the teacher and aimed to stimulate students's interest and participation.

Office hours

See the website of Alberto Artosi