THEORY OF LAW AND ARGUMENTATION

Valeria GIORDANO THEORY OF LAW AND ARGUMENTATION

0160100102
DEPARTMENT OF LAW
EQF7
LAW
2023/2024

OBBLIGATORIO
YEAR OF COURSE 3
YEAR OF DIDACTIC SYSTEM 2012
SPRING SEMESTER
CFUHOURSACTIVITY
654LESSONS


Objectives
THE MAIN OBJECTIVE OF THE COURSE IS STIMULATING STUDENTS TO REFLECT ON SOME OF THE MAIN ISSUES EMERGED IN THE CONTEMPORARY JUST-THEORETICAL DEBATE, WITH PARTICULAR REFERENCE TO THE INFLUENCE OF CONSTITUTIONALISM ON THE THEORIES OF LAW, AND TO OFFER STUDENTS THE ABILITY TO DETERMINE THE CONTEMPORARY LEGAL ORDINAMENTS, THROUGH THE REDISFECTION OF LEGAL LEXICON E EXPLICATION OF THE MAIN ARGUMENTAL CANONS USED BY LEGAL SCIENCE.
IN PARTICULAR, THE COURSE PROPOSES TO IMPROVE THE KNOWLEDGE AND UNDERSTANDING OF THE STUDENTS, FOR THE PURPOSE OF STIMULATING CRITICAL READINGS SUPPORTED BY RATIONAL ARGUMENTS, STRESSING THEIR AUTONOMY OF JUDGMENT, THEIR COMMUNICATION SKILLS AND LEARNING SKILLS.
- KNOWLEDGE AND UNDERSTANDING ABILITY
GENERAL KNOWLEDGE OF THE MAIN PHILOSOPHICAL-LEGAL THEORIES; ABILITY TO UNDERSTAND THE FUNDAMENTAL, INSTITUTIONAL, POLITICAL, SOCIAL, ECONOMIC AND CULTURAL DYNAMICS IMPLIED BY THE PROCESSES OF CONSTITUATION OF LEGAL SYSTEMS.
- ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
ABILITY TO ANALYZE THE PROBLEMS RELATED TO THE PROTECTION OF HUMAN RIGHTS WITH AWARENESS; ACQUISITION OF A THEORETICAL ANALYSIS METHOD AS A COMPONENT OF THE ABILITY TO EXAMINE COMPLEX SITUATIONS IN STUDY AND WORKING CONTEXTS.
- JUDGMENT AUTONOMY
CAPACITY TO COLLECT AND CRITICALLY INTERPRET DATA AND COMPLEX INFORMATION IN THE SPECIFIC FIELD OF STUDIES.
- COMMUNICATION SKILLS
ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC FIELD DISCIPLINARY WITH LANGUAGE PROPERTIES AND GOOD THOUGHT ARTICULATION.
LEARNING ABILITY
ACQUISITION OF THE REFERENCES, INSTRUMENTS AND LEARNING SKILLS NECESSARY TO ENHANCE THE THEORETICAL PURPOSES ACQUIRED AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE STUDY COURSE
Prerequisites
BASIC KNOWLDGE OF CONTEMPORARY HISTORY AND CIVICS
Contents
THE COURSE WILL FOCUS ON :

THE DECISION-NORM RELATIONSHIP: NORMATIVIST MODELS COMPARED; JUDICIAL DECISIONISM; DECISION AND SOVEREIGNTY; THE LEGAL METHOD; RECOGNITION OF LAW. CONSTITUTIONALISM AND LEGAL ARGUMENTATION: MODELS OF LEGAL RATIONALITY; THE DISTINCTION BETWEEN RULES AND PRINCIPLES; LEGAL JUSTIFICATION; BIOETHICAL DISCOURSE BETWEEN THE BEGINNING AND THE END OF LIFE; LEADING CASES; LEGALISATION OF THE BODY; GESTATION FOR OTHERS AND THE ISSUE OF COMMODIFICATION.
Teaching Methods
54 HOURS FRONTAL DIDACTICS
Verification of learning
FINAL ORAL EXAMINATION IN ORDER TO VERIFY THE KNOWLEDGE OF THE CONTENTS OF THE COURSE AND THE CRITICAL USE OF LEGAL-PHILOSOPHICAL CATEGORIES. DURING THE TEACHING ARE PROVIDED VERIFICATIONS ONLY FOR ATTENDERS
Texts
A.CATANIA, DECISIONE E NORMA. NEW EDITION. . GIORDANO, F. MANCUSO (EDS), CASTELVECCHI, ROMA.
V. GIORDANO, LE REGOLE DEL CORPO. COSTRUZIONI TEORICHE E DECISIONI GIUDIZIARIE, GIAPPICHELLI, TORINO, 2017
More Information
FOR ANY QUESTION PLEASE CONTACT THE TEACHER WRITING TO:
VGIORDANO@UNISA.IT
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