Understanding
Logical-formal, procedural and political-evaluative aspects of legal reasoning, investigated with a method both theoretical and case-based
Skills
Ability to analyze judgements on controversial legal issues, finding the kinds and species of argument actually used by judges.
Competences
Familiarization with problematic and critical forms of thought with reference to the general aspects of law and legal interpretation. Sensitivity to the pluralistic aspect of settling legal disputes and the prudential and argumentative character of legal thought.
Prerequisites
Students must have passed the exams of Constitutional law (general) and Private Law I and Philosophy of Law
Teaching Methods
Lectures: 30 hours
Seminars: 18 hours
Type of Assessment
For attending students, active participation in the seminar and presentation of a written paper on several judgements. The evaluation will be based on the quality of the written paper, on the oral presentation and on the participation to the discussion of the papers of the other students.
For non-attending students, discussion of the reference text.
Course program
After theoretical introductory lectures, groups of judgements of the ECHR will be analyzed. Then, during the seminar stage, the analysisi will be developed by the students. The topics which will be treated in the seminarial part of the course will be chosen by the students.