Valeria GIORDANO | THEORY OF LAW AND ARGUMENTATION
Valeria GIORDANO THEORY OF LAW AND ARGUMENTATION
cod. 0160100102
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 |
SSD | CFU | HOURS | ACTIVITY | |
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IUS/20 | 6 | 54 | LESSONS |
Objectives | |
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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 | |
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BASIC KNOWLDGE OF CONTEMPORARY HISTORY AND CIVICS |
Contents | |
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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 | |
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54 HOURS FRONTAL DIDACTICS |
Verification of learning | |
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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 | |
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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 | |
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FOR ANY QUESTION PLEASE CONTACT THE TEACHER WRITING TO: VGIORDANO@UNISA.IT |
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