First cycle
degree courses
Second cycle
degree courses
Single cycle
degree courses
Law School
LAW
Course unit
CASE-JUDICIAL LAW THEORY
GIP5070741, A.A. 2017/18

Information concerning the students who enrolled in A.Y. 2016/17

Information on the course unit
Degree course 5 years single cycle degree in
LAW AND JURISPRUDENCE (Ord. 2014)
GI0270, Degree course structure A.Y. 2014/15, A.Y. 2017/18
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Degree course track GENERICO - SEDE DI TREVISO [999TV]
Number of ECTS credits allocated 6.0
Type of assessment Mark
Course unit English denomination CASE-JUDICIAL LAW THEORY
Website of the academic structure http://www.giurisprudenza.unipd.it
Department of reference Department of Public, International and Community Law
Mandatory attendance No
Language of instruction Italian
Branch TREVISO
Single Course unit The Course unit can be attended under the option Single Course unit attendance
Optional Course unit The Course unit can be chosen as Optional Course unit

Lecturers
Teacher in charge FEDERICO CASA IUS/20

ECTS: details
Type Scientific-Disciplinary Sector Credits allocated
Educational activities in elective or integrative disciplines IUS/20 Philosophy of Law 6.0

Mode of delivery (when and how)
Period First semester
Year 2nd Year
Teaching method frontal

Organisation of didactics
Type of hours Credits Hours of
teaching
Hours of
Individual study
Shifts
Lecture 6.0 48 102.0 No turn

Calendar
Start of activities 02/10/2017
End of activities 19/01/2018

Syllabus
Prerequisites: Philosophy of Law and Institutions of Private Law are preparatory exams.
Target skills and knowledge: The course aims at introducing the student to the study of the theory of case law, paying special attention to interpretation theory (matters and methods for interpretation) and to typical reasonings of jurists (especially judges and lawyers); that means understanding how to support a thesis by means of appropriate arguments and how to refute it through reasoning.
The course also has the purpose to reflect on the criteria and terms by which a jurist comes to a specific interpretation of the regulation and then puts it forward and supports it.
Finally, it focuses on teaching the way by which a particular occurence is legally represented and what criteria should be proposed.
A specific module of the course will focus on "legal writing", and in particular on the study and understanding of the ways a judgment should be made from legal acts of the parties involved.
Once the student passes his exam, he should be able to know and use the methods of interpretation, combine them and so concretely verify the relationship between methods and results.
The student should also be able to understand what it means "to legally represent" and what criteria can support his own representation or refute other ones, different from his own.
Finally, the student should acquire the knowledge that legal reasoning essentially proceeds by problems and not by classifications.
Examination methods: Assessment for attending students will be based on the drawing up of a legal opinion, a legal act and/or a judgment, from a subject given during the course.
Non-attending students will focus on:
F. Gentile, Filosofia del Diritto. Le Lezioni del 40 anno raccolte dagli allievi, Padova, Cedam, 2006; pp.1-21; 115-142; 150-228; one legal opinion out of five taken from the "Appendice" optionally.
Positività e Giurisprudenza (a cura di P. Moro e C. Sarra), Franco Angeli, Milano, 2012, pp. 7-83;
aut
E. Opcher, (a cura di F. Todescan, Il prima del diritto, la realtà giuridica e il suo valore, Cedamo, Padova, 2016.
Assessment criteria: .The exam is meant to assess the following abilities:
1) learning and analysis of a legal method, aptitude for the study of a practical case and for the careful examination of a judgment; in other words, the student should give a good account of the use of the methods for interpretation as well as of the reasons why a well-defined representation of a fact should be supported or refuted.
2) drawing up a legal reasoning, in which the student describes a well-defined matter supporting it by specific arguments, or possibly underlining critic points.
Course unit contents: The content of the course will focus on the following activities:
1) the legal representation of an event;
2) the questions and problems related to the different representations (making problems and refuting);
3) the study of the criteria of interpretation;
4) the interpretative strategies;
5) analysis of the subjects that allow to establish a representation;
6) critical analysis of judgments of merit and legitimacy;
7) drafting techniques of a legal act, an opinion, a judgment.
Planned learning activities and teaching methods: Lectures will be frontal, with simulations of legal activities and the drafting of legal acts, opinions and judgments subject to an "adversarial procedure".
The student will also attend legal discussions between judges with proven experience. He will be trained to legal reasoning, dialectic, in other words to the use of the theoretical legal knowledge for the purpose of the representations of factual events and so the construction of the "law case".
Additional notes about suggested reading: Handling in of written judgments, legal acts and opinions.
Textbooks (and optional supplementary readings)
  • F. Gentile, Filosofia del diritto. Le Lezioni del XL anno raccolte dagli allievi.. Napoli: Esi, 2017. A partire dall'A/A 2017/2018 sarà l'unico testo sul quale sostenere l'esame sia per i frequentanti sia per i non frequentanti (vedi modalità esame) Cerca nel catalogo