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THEORY OF LEGAL INTERPRETATION

Giovanni BISOGNI THEORY OF LEGAL INTERPRETATION

0160100103
DEPARTMENT OF LAW
EQF7
LAW
2024/2025

YEAR OF DIDACTIC SYSTEM 2012
AUTUMN 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;
- FROM EXTERNAL POINT OF VIEW, UNDERSTANDING OF PHILOSOPHICAL NATURE OF LEGAL INTERPRETATION; FROM INTERNAL POINT OF VIEW, UNDERSTANDING OF THE NORMATIVITY OF LEGAL STANDARDS OF INTERPRETATION ALONG WITH THE MOST COMMON INTERPRETATIVE STANDARDS AMONG LEGAL PRACTITIONERS;
- ABILITY:
TO ANALYZE INTERPRETATIVE PATTERNS OF LEGAL PRACTICE;
TO PUT LEGAL STANDARDS OF INTERPRETATION AND DOCTRINAL INTERPRETATIVE STANDARDS IN PRACTICE
- TO DEVELOP LEGAL INTERPRETATION IN A PERSONAL AND ORIGINAL MANNER, WITHOUT SUPPORTING MATERIALS LIKE SCIENTIFIC AND PRECEDENTIAL COMMENTARIES, TAKING INTO ACCOUNT THE RICHNESS AND COMPLEXITY OF CONTEMPORARY LEGAL SYSTEMS AND THE LEGAL, SOCIAL AND ETHICAL CONSEQUENCES OF THE PROPOSED INTERPRETATION;
- TO DIALOGUE WITH THE COMMUNITY OF LEGAL PRACTITIONERS, TO CONVEY THEIR KNOWLEDGE AND TO EXPLAIN THEIR OWN LEGAL INTERPRETATION TO A NON-SPECIALIST AUDIENCE;
- TO INDEPENDENTLY DEEPEN THE ACQUIRED NOTIONS, ALSO FROM A SCIENTIFIC PERSPECTIVE, AND TO UPDATE THE STATE OF THE ART IN RELATION TO INNOVATIONS IN POSITIVE LAW AND LITERATURE.
Prerequisites
FOR INCOMING ERASMUS STUDENTS ONLY/SOLO PER GLI STUDENTI ERASMUS IN ENTRATA: NONE
Contents
- HISTORICAL INTRODUCTION TO LEGAL INTERPRETATION
- NATURAL AND FORMAL LANGUAGES
- DESCRIPTIVE AND NORMATIVE USE OF LANGUAGE (WHETHER LOGIC HAS SOMETHING TO DO WITH LAW)
- INTERPRETIVE ISSUES OF NATURAL LANGUAGE
- DEFINITIONS IN GENERAL AND LEGISLATIVE DEFINITIONS IN PARTICULAR
- AUTHENTIC INTERPRETATION AND INTERPRETIVE LAWS
- LEGAL STANDARDS OF INTERPRETATION (LITERARY MEANING AND INTENTION OF THE LEGISLATURE – PURPOSIVE INTERPRETATION)
- MATHEMATIZATION OF LAW AND SYSTEMATIC INTERPRETATION (JUDICIAL SYLLOGISM; ANTINOMY IN LAW;
LEGAL LACUNA; ANALOGIA LEGIS ET IURIS; STRICT AND LOOSE INTERPRETATION; BRIEF REMARKS ON ARTIFICIAL INTELLIGENCE AND INTERPRETATION)
- A FORTIORI INTERPRETATION
- BRIEF REMARKS TO THE USE OF PRECEDENT IN COMMON LAW SYSTEMS
Teaching Methods
THE 72-HOURS COURSE HAS A SEMINAR STRUCTURE AND IS DIVIDED INTO LECTURES AND ANALYSIS OF LANDMARK CASES
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 INCOMING ERASMUS STUDENTS ONLY/SOLO PER GLI STUDENTI ERASMUS IN ENTRATA: R. GUASTINI, INTERPRETARE E ARGOMENTARE, GIUFFRÈ, MILANO 2011 (EXCEPT: PART II, CH. 7 “SCIENZA GIURIDICA E DOTTRINA”; PART III, CH. 5 AND 6 “LA DISCIPLINA LEGALE DELL’INTERPRETAZIONE” AND “IL DIRITTO GIURISPRUDENZIALE TRA DOGMATICA E TEORIA DEL DIRITTO”; PART 4, CH. 4 “INTERPRETAZIONE E COSTRUZIONE NEL GIUDIZIO DI LEGITTIMITÀ COSTITUZIONALE”)
More Information
A PRE-EXAMINATION WILL BE OFFERED AT THE END OF COURSE TO STUDENTS WHO ATTEND
Lessons Timetable

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