LEGAL METHODOLOGY
Instructional goals
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
Legal method
Fundamental legal concepts
Interpretation and argumentation in law.
Reference Books
G. Carcaterra, La logica nella scienza giuridica, Giappichelli, Torino 2015. A. Punzi (a cura di), Parole del diritto, seconda edizione, Giappichelli, Torino 2023. A. Punzi, Prudentia iuris, Giappichelli, Torino (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
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
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Week 2
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
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
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
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
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
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
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
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
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
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
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