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THEORY OF LEGAL INTERPRETATION

Giovanni BISOGNI THEORY OF LEGAL INTERPRETATION

0160100103
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2022/2023

YEAR OF DIDACTIC SYSTEM 2012
SPRING SEMESTER
CFUHOURSACTIVITY
872LESSONS
GIOVANNI BISOGNI T Curriculum
Objectives
- KNOWLEDGE, BOTH HISTORICAL AND COMPARATIVE, OF INSTITUTIONAL CONTEXTS AND OF CULTURAL FRAME OF THEORY OF LEGAL INTERPRETATION;
- UNDERSTANDING OF PHILOSOPHICAL NATURE OF LEGAL INTERPRETATION BETWEEN NORMATIVITY AND EFFECTIVENESS, OF THE INTERPRETATIVE STANDARDS OFFICIALLY ADOPTED BY CONTEMPORARY LEGAL SYSTEMS AND OF THOSE USED BY LEGAL PRACTITIONERS, IN THEIR MUTUAL RELATIONSHIPS;
- ABILITY:
TO CONCEPTUALLY DECOUPLE INTERPRETATIVE PRACTICES OF LEGAL PRACTITIONERS, AS WELL AS TO DEVELOP PRESCRIPTIVE PATTERNS OF LEGAL REASONING, PAYING ATTENTION TO THE PRINCIPLE OF RULE OF LAW IN CONTEMPORARY LEGAL SYSTEMS;
TO PUT INTERPRETATIVE STANDARDS IN PRACTICE, ALSO IN RELATION TO SPECIFIC BRANCHES OF LEGAL SYSTEM.
Prerequisites
NONE
Contents
THE COURSE TAKES AN APPROACH BOTH HISTORICAL AND THEORETICAL, AND IT WILL BE FOCUSED ON FOLLOWING TOPICS:
- INTERPRETATION IN MIDDLE AGE;
- THE CONCEPT OF SYSTEM IN CIVIL LAW TRADITION;
- PRECEDENT IN ENGLISH LAW AND LEGAL REASONING IN COMMON LAW TRADITION;
- FRENCH REVOLUTION AND ITS IMPACT ON LEGAL INTERPRETATION;
- GERMAN HISTORICAL SCHOOL AND THE MODERN METHODS OF LEGAL INTERPRETATION;
- ANTI-FORMALIST MOVEMENTS IN LAW;
- LINGUISTIC TURN AND LEGAL INTERPRETATION
- PHILOSOPHICAL NATURE OF LEGAL INTERPRETATION.
Teaching Methods
THE 72-HOURS COURSE IS DIVIDED INTO LECTURES, ANALYSIS OF LEADING CASES, MOOT COURTS.
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: F. MODUGNO, INTERPRETAZIONE GIURIDICA. I. L’OGGETTO, CEDAM-WOLTERS KLUWER, PADOVA 2015 (P. 1-231) AND G. TARELLO, L’INTERPRETAZIONE DELLA LEGGE, GIUFFRÈ, MILANO 1980 (ONLY P. 346-396).
FOR ANY QUESTION MAIL TO: GBISOGNI@UNISA.IT
More Information
A PRE-EXAMINATION WILL BE OFFERED AT THE END OF COURSE TO STUDENTS WHO ATTEND
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