Giovanni BISOGNI | THEORY OF LAW AND ARGUMENTATION
Giovanni BISOGNI THEORY OF LAW AND ARGUMENTATION
cod. 0160100102
THEORY OF LAW AND ARGUMENTATION
| 0160100102 | |
| DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
| EQF7 | |
| LAW | |
| 2022/2023 |
| OBBLIGATORIO | |
| YEAR OF COURSE 3 | |
| YEAR OF DIDACTIC SYSTEM 2012 | |
| SPRING SEMESTER |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/20 | 6 | 54 | LESSONS |
| Objectives | |
|---|---|
| THE MAIN TASK IS: - TO DEEPEN THE MAIN TRENDS IN CURRENT LEGAL-PHILOSOPHICAL DEBATE, WITH A SPECIAL FOCUS ON THE RELEVANCE OF CONTEMPORARY ENTRENCHED CONSTITUTIONS IN LEGAL THEORY; - TO UNRAVEL CONTEMPORARY LEGAL SYSTEMS, BY REDEFINING THE KEY-CONCEPTS OF LEGAL THEORY AND BY EXPLAINING THE BASIC INTERPRETIVE RULES IN LEGAL PRACTICE IN PARTICULAR, THE COURSE AIMS TO IMPROVE KNOWLEDGE AND UNDERSTANDING, THROUGH A CRITICAL APPROACH BACKED BY RATIONAL ARGUMENTS, AND TO ENHANCE THE ABILITY OF MAKING JUDGEMENT, COMMUNICATION SKILLS AND LEARNING SKILLS - KNOWLEDGE AND UNDERSTANDING KNOWLEDGE AND UNDERSTANDING OF THE MAIN CURRENT LEGAL THEORIES AND THE POLITICAL, SOCIAL, CULTURAL AND INSTITUTIONAL EFFECTS OF CONTEMPORARY CONSTITUTIONS ON LEGAL SYSTEMS; - APPLYING KNOWLEDGE AND UNDERSTANDING ABILITY TO ANALYZE THE PROBLEMS ARISING FROM HUMAN RIGHTS PROTECTION; ANALYTICAL METHOD AS PART OF ABILITY TO TACKLE HARD CASES IN PROFESSIONAL AND STUDY ENVIRONMENT. |
| Prerequisites | |
|---|---|
| NONE |
| Contents | |
|---|---|
| THE COURSE WILL FOCUS ON THE MAIN LEGAL-PHILOSOPHICAL CONCEPTS LEARNED DURING THE FIRST YEAR (LEGAL RULES; CONSTITUTION; RIGHTS; STATE AND POLITICAL POWER; JUDICIAL REASONING), BY ANALYZING THE IMPACT OF CONTEMPORARY CONSTITUTIONS ON THEM. THE COURSE WILL EXPLORE THEM THROUGH A HISTORICAL PERSPECTIVE, STARTING FROM XIXTH CENTURY LEGAL THEORY, THEN CROSSING THE FIRST HALF OF XXTH’S (H. KELSEN; C. SCHMITT; S. ROMANO; C. MORTATI) AND, FINALLY, TURNING TO CONTEMPORARY DEBATE (H.L.A. HART; R. ALEXY; J. HABERMAS; L. FERRAJOLI; G. ZAGREBELSKY). |
| Teaching Methods | |
|---|---|
| 54-HOURS COURSE, DIVIDED INTO THREE LECTURES PER WEEK |
| Verification of learning | |
|---|---|
| ORAL EXAMINATION (MINIMUM 3 QUESTIONS) AT THE END OF THE COURSE, AIMED TO ASSESS KNOWLEDGE AND UNDERSTANDING OF COURSE CONTENTS AND THE ABILITY OF APPLYING THEM. GRADING SYSTEM: 30-POINT SCALE - MINIMUM PASSING GRADE: 18/30 = POOR KNOWLEDGE OF COURSE CONTENTS AND LOW ABILITY TO USE THEM IN A STUDY ENVIRONMENT; - BEST GRADE: 30/30 = FULL AND IN-DEPTH KNOWLEDGE OF COURSE CONTENT AND VERY HIGH ABILITY TO USE THEM IN A STUDY ENVIRONMENT; - CUM LAUDE = BEST GRADE + VERY GOOD LANGUAGE USE; COMBINING COURSE CONTENTS WITH NOTIONS LEARNED IN OTHER COURSES; MAKING JUDGEMENT IN SETTINGS OTHER THAN THOSE ENVISAGED IN THE COURSE. FINAL GRADE IS TO BE MEANT AS AVERAGE OF GRADES RESULTING FROM EVERY ANSWER TO QUESTIONS |
| Texts | |
|---|---|
| FOR THOSE WHO ATTEND: TEACHING MATERIALS OFFERED DURING THE COURSE TOGETHER WITH STUDENT’S NOTES FROM THE LECTURES. FOR THOSE WHO DO NOT ATTEND: G. ZAGREBELSKY, IL DIRITTO MITE, EINAUDI, TORINO (LAST EDITION) AND A. CATANIA, EFFETTIVITA' E MODELLI NORMATIVI. STUDI DI FILOSOFIA DEL DIRITTO, GIAPPICHELLI, TORINO 2018. |
| More Information | |
|---|---|
| A PRE-EXAMINATION WILL BE OFFERED AT THE END OF COURSE TO STUDENTS WHO ATTEND |
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