Error message
User error : Failed to connect to memcache server: druportbe01:11211 in dmemcache_object() (line 415 of /production/drupal/dim_prod/drupal/d7cl4/prod/unich/releases/7/web/sites/all/modules/contrib/memcache/dmemcache.inc ).
THEORY OF LEGAL INTERPRETATION AND ARGUMENTATION Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
Specific knowledge and skills are not required, nor are there any prerequisites.
Objectives
Contents interpretation: definitions; interpretation as an activity and as a product; ambiguity of normative texts; the vagueness and ambiguity of the legal rules; rules and regulations; the authors of the interpretation; authentic interpretation; the product of interpretation; rules and principles; principles and interpretation of law; balancing; legal reasoning; the reasoning of the judge and the application of the law; interpretation theories and theoretical controversies
Extended Syllabus - objects of interpretation;
- interpretative activity: cognition, decision, legal construction;
- theories of legal interpretation;
-The skeptical theory; the cognitivistic theory, the eclectic theory;
- the indeterminacy of the law;
- vagueness, ambiguity, analogy;
- legal rules and regulatory provisions;
- ambiguous provisions, provisions expressing more norms, synonymic provisions;
- variety of interpreters;
doctrinal interpretation; judicial, authentic;
- the product of interpretation: meaning vs. interpretation;
antinomies: types and resolutions;
- rules vs. principles: classifications, uses, conflicts;
interpretation and weighting of constitutional principles;
- legal reasoning: discovery and justification;
- application of the law;
- the argumentation of interpretative decisions;
- arguments and interpretation;
- analogy and extensive interpretation;
- Court law, legal dogmatics and general legal theory.
Recommended Bibliography For English-speaking students the texts will be indicated in accordance with the teacher. The main programme topics refer to those contained within the following Italian texts:
R. Guastini, Interpretare ed argomentare, Giuffrè, Milano 2011: part I; part II (chapters I, V e VI), part III (chapters I, III, IV, V, VI); parte V (chapters I, II; D. Canale, G. Tuzet, La giustificazione nella decisione giudiziale, Torino 2019.
Methods of Provision
Teaching Methods The course consists in classroom lectures, exercises, and discussions starting from legal cases with the purpose of reflecting upon the main questions of interpretation and legal argumentation.
Evaluation methods Verification of learning:
No verification tests are scheduled during the course. The learning assessment method consists of an oral test. In order to pass the oral test it will be necessary for the candidate to proof at least sufficient knowledge of the topics, an appropriate study methodology and adequate critical skills.
Contacts/More Information