LEGAL METHODOLOGY

LEGAL METHODOLOGY

Antonio Punzi, Alessia Farano

Instructional goals

Learning the main approaches in legal theory, from the ancient times until today. 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.

Intended learning outcomes

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.

Course Contents

The history of legal philosophy Fundamental legal concepts Interpretation and argumentation in law.

Reference Books

C. Faralli, Le grandi correnti della filosofia del diritto. Dai Greci alle prospettive contemporanee, terza edizione, Giappichelli, Torino 2022. G. Carcaterra, La logica nella scienza giuridica, Giappichelli, Torino 2015. A. Punzi (a cura di), Parole del diritto, seconda edizione, Giappichelli, Torino 2023 (in corso di stampa).

Teaching Methods

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)

Assessment Method

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.

Thesis assignment criteria

Manifestation of interest

Week 1 Contenuto sessioni on line e on campus

Session 1/On-campus: The natural law theory. The birth of natural law in Ancient Greece Session 2/On campus: The natural law theory in Ancient Greek philosophy Session 1/On-line: Plato and Aristoteles -----

Week 2 Contenuto sessioni on line e on campus

Session 1/On-campus: Natural law in Ancient Roman legal thinking Session 1/On campus: Natural law theory in Middle Ages Session 1/On campus: Natural law theory in Modern Ages -----

Week 3 Contenuto sessioni on line e on campus

Session 1/On-campus: The Natural law theories in the 18th Century Session 2/On campus: The legal positivism Session 1/On line: Philosophical positivism and legal positivism -----

Week 4 Contenuto sessioni on line e on campus

Session 1/On-campus: Theory of Codification Session 2/On campus: English Utilitarianism Session 1/On campus: Development of German legal positivism (interactive discussion) -----

Week 5 Contenuto sessioni on line e on campus

Session 1/On-campus: Hans Kelsen and legal positivism Session 2/On campus: Hans Kelsen and the normative theory of law Session 1/On line: Hans Kelsen and the normative theory of law (interactive discussion) -----

Week 6 Contenuto sessioni on line e on campus

Session 1/On-campus: The legal system and the norms Session 2/On campus: Legal reasoning Logic and Rhetoric Session 1/On campus: The effectiveness of the legal system (interactive discussion) -----

Week 7 Contenuto sessioni on line e on campus

Session 1/On-campus: Pre-term written examination Session 2/On-campus: Inductive and deductive reasoning Session 1/On-line: Theories of legal antiformalism -----

Week 8 Contenuto sessioni on line e on campus

Session 1/On-campus: American legal realism Session 2/On campus: Quaestio facti and quaestio iuris Session 1/On campus: Scandinavian legal realism -----

Week 9 Contenuto sessioni on line e on campus

Session 1/On-campus: Law and ethical valus: the constitutional theory of law Session 2/On campus: The logic of the judgement Session 2/On campus: Equality and dignity -----

Week 10 Contenuto sessioni on line e on campus

Session 1/On-campus: Law and facts: neo-institutional theory of law Session 2/On campus: The legacy of legal realism: Critical legal studies and feminist theories of law Session 1/On line: Economic analysis of law -----

Week 11 Contenuto sessioni on line e on campus

Session 1/On-line: Legal reasoning Session 2/On campus: Law and Hermeneutics Session 1/On line: New frontiers in legal philosophy: multiculturalism -----

Week 12 Contenuto sessioni on line e on campus

Session 1/On-line: New frontiers in legal philosophy: law, science and technology Session 2/On campus: Pre-term written examination Session 1/On line: Environmental Legal philosophy