LEGAL METHODOLOGY

Understanding the uniqueness of the legal method. Learning the main legal categories of legal science (right; power; obligation; coercion). To raise critical awareness about contemporary legal issues. To develop logical and rhetorical skills in legal reasoning.

Basic skills required by the degree course

Knowledge and understanding: The course will provide – through course attendance and interactive activities – basic knowledges about the methodology of legal science, including legal categories and legal reasoning. Applying knowledge and understanding: The students will be able to detect all the philosophical implications arising from legal problems, as well as the formal structure of the legal reasoning. These skills will be tested during the oral exam, which will take place at the end of the course. Making judgements: The students, thanks to the methodological tools acquired during the classes, will be able to evaluate autonomously the topics discussed during the classes. Also, they will be able to frame from a philosophical standpoint the main theoretical legal problems, elicited by the ongoing challenges the contemporary legal systems need to face. Students’ critical thinking will be enhanced also through short essays uploaded on the institutional website (LUISSlearn). Communications Skills: This course will provide the students with the major terms and concepts in legal theory. The students will also be required to argue in a rhetorical-oriented way. These skills will be enhanced during exercitations and talks, where students will be asked to debate choosing one side. Learning skills: Students will be able to recognize the different methodological perspectives underlying the different approaches of law. Students will be able to acknowledge the relationship between the nature of law on the one hand and legal doctrines and institutions on the other, both in their legal studies and in their professional life.

Legal method Fundamental legal concepts Interpretation and argumentation in law.

G. Carcaterra, Presupposti e strumenti della scienza giuridica. Seconda edizione, Giappichelli, Torino 2012. A. Punzi, Prudentia iuris, Seconda edizione, Giappichelli, Torino 2016. A. Punzi (a cura di), Parole del diritto, Giappichelli, Torino 2019.

Teaching will include: Lectures; presentations made by students; film and documentary visions; cases analysis. Teaching activities will be supported by the use of digital taching tools available in the LUISS learn platform: LUISS learn wiki (collaboration tool) LUISS learn forum (discussion & practice tool) LUISS learn chat (discussion & practice tool) LUISS learn forum (discussion & practice tool)

The exam will be an oral examination, with pre-term written examinations. Students will be encouraged to present written essays and to intervene during the classes.

Manifestation of interest

Yes