LEGAL METHODOLOGY

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.

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.

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

C. Faralli, Le grandi correnti della filosofia del diritto. Dai Greci alle prospettive contemporanee, terza edizione, Giappichelli, Torino 2022. H. Kelsen, Lineamenti di dottrina pura del diritto, Einaudi, Torino 2000. A. Punzi (a cura di), Parole del diritto, seconda edizione, Giappichelli, Torino 2023 (in corso di stampa).

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 following evaluation criteria will be taken into account when awarding the grade in thirtieths: 20% active participation in the classroom 20% first intermediate test 20% second intermediate text 40% final examination. The assessment will also take into account the student's autonomy of judgement, his ability to recognise and adequately address the philosophical and methodological problems of contemporary legal systems, and his ability to recognise the logical structure of a legal argument; knowledge and understanding of the fundamental legal concepts and categories; knowledge and understanding of the main philosophical-legal theories and ability to recognise them in case law; correct use of specialist language; ability to argue effectively in favour of a thesis and acquisition of the study method

Manifestation of interest