OVERVIEW

The course in Philosophy of Law and Economic Analysis of Law aims to introduce students to the contemporary debate on how law influences the practical reasoning of individuals and, in particular, the resolution of conflicts by institutional actors. By exploring the wide range of arguments raised by this debate, the course familiarizes participants with the main theories regarding the law, its intersections with social rules, ethics, and economics, as well as their potential practical impact on the decisions of legal practitioners and the addressees of the norms. The course stands out for its clear theoretical-practical profile, aimed at emphasizing the importance of conceptual reflection in the development of argumentative skills, which are indispensable qualities for a jurist operating in both the private sector and public administration.

AIMS AND CONTENT

LEARNING OUTCOMES

The central aim of the course is for students to develop their analytical and critical skills towards legal institutions. To this end, they will have to achieve mastery of the fundamental concepts with which to carry out the analysis of the proposed themes and learn to use the methods developed by different theoretical currents, with special attention to the contributions of the philosophy of language, political-moral philosophy, and law and economics.

AIMS AND LEARNING OUTCOMES

Individual study and active attendance in the course will enable students to:

·       recognize the syntactic, semantic, and pragmatic problems presented by legal language, applying them to specific examples;

·       apply fundamental legal concepts, using them correctly in the presentation of theoretical and practical discourse;

·       evaluate the different general theories of law comparatively, distinguishing them based on how they conceive legal norms and their application by judicial authorities;

·       classify different types of norms, demonstrating how each of them justifies a behavior;

·       distinguish between different types of practical conflicts, connecting them with various methods of resolution;

·       articulate deductive and inductive arguments, using them to refute, weaken, or strengthen other arguments;

·       paraphrase specific arguments supporting a normative conclusion, making their characteristics explicit in order to evaluate their validity/invalidity;

·       reconstruct the reasoning of a judicial decision, identifying its different parts and the types of arguments used in each of them;

·       produce critical arguments, employing them both in the evaluation of the studied theories and in the resolution of concrete practical conflicts;

·       identify the main internal currents of the economic analysis of law, pinpointing their respective methodological approaches and corresponding theoretical theses;

·       discuss critically the role of economic arguments in the resolution of legal conflicts, relating them to the different interpretive arguments proposed in the theory of judicial interpretation;

·       develop basic functional literacy through oral presentations and active participation in class discussions (P:S. TRANSVERSAL SKILL that allows for the issuance of an OPEN BADGE – OB to enrolled students who successfully pass the exam);

.       acquire the ability to "learn how to learn" by practicing different learning strategies, such as group work and the analysis of concrete cases (P:S. TRANSVERSAL SKILL that allows for the issuance of an OPEN BADGE – OB to enrolled students who successfully pass the exam).

·       incorporate knowledge and skills tailored to legal professionals, in line with Goal 4 "Quality Education" of the 2030 Agenda

PREREQUISITES

-              There are no specific requirements

TEACHING METHODS

The course will primarily consist of traditional lectures, for a total of 54 hours (equivalent to 9 ECTS credits). During the classes, the main theoretical concepts of the syllabus will be presented and analyzed, and debate on the various topics covered will be encouraged. Furthermore, a problem-based learning approach will be adopted, alongside group work focused on two specifically selected practical cases.

During the course, closed-ended self-assessment tests will be administered. The purpose of these tests is strictly formative, as they will allow the class to revisit topics where greater difficulties have emerged.

Active participation in class will be taken into account for the final evaluation.

Occasionally, scholars and experts in legal theory may be invited to give lectures or seminars on topics of special interest related to the course syllabus.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs and having complied with Unige procedures (described here) who need compensatory measures to prepare the exams or during the exams are invited to contact the teacher at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles. For requesting Unige services for students with disabilities and other information, please visit https://giurisprudenza.unige.it/serv_disabili. For further information, please visit https://unige.it/disabilita-dsa and contact the Department's disability liaison officer (isa.fanlo@unige.it).

SYLLABUS/CONTENT

The course is divided into two parts :

Topics covered in the first part:

Different conceptions of norms. Norms as reasons for action. Practical reasoning and practical conflicts. Moral conflicts. Conflicts between legal rules. Conflicts between law and morality.  Conflict resolution criteria. Conceptions of law. Conceptions of morality. Relationship between conceptions of law and conceptions of morality. Analysis of the moral and legal arguments relating to a concrete case that will be chosen. A critical discussion of the use of economic analysis in addressing practical conflicts.

Topics covered in the second part:

The legal system. Different types of legal norms. The difference between rules and principles. Validity, applicability, effectiveness. The dogma of completeness. Gaps and defeasibility. Legal language. The great divide between normative and descriptive language. The indeterminacy of language. Ambiguity and vagueness. Types of definitions. The internal and external justification of the judicial decision. Problems of external justification. The interpretation of the law. Theories of interpretation and argumentation. The validity and goodness of an argument. Different types of arguments. Different types of fallacies.

RECOMMENDED READING/BIBLIOGRAPHY

Texts for student who attended the course (attendance: a minimum of 2/3 of the classes):

1. PowerPoint) uploaded on AulaWeb.
2. Damiano Canale, Conflitti pratici. Quando il diritto diventa immorale, Roma-Bari, Laterza, 2017. All the chapters except VI,  pages: 1-161 and 196-228 (193 pages).
3. Riccardo Guastini, La sintassi del diritto, Giappichelli, Torino, 2014, first, fourth and sixth section (140 pages).
4. Andrea Iacona, L'argomentazione, Einaudi editori, Torino, 2005, chap. IV (41 pages).
5. Giovanni Tuzet, Analisi economica del diritto come argomentazione giuridica, in "Teoria jurídica contemporânea" Vol. 3, No. 2 (giugno-dicembre 2018), pp. 97-122 (26 pages).
6. David D. Friedman, L'ordine del diritto. Perché l'analisi economica può servire al diritto, Il Mulino, 2004, chap. 1 and 2 (28 pages).

• This program can be used also by working students, after consulting with the teacher.
• Specific indications on reference bibliography will be provided by the professor at the beginning of the lectures.

Texts for students who did not attend the course:

1. Damiano Canale, Conflitti pratici. Quando il diritto diventa immorale, Roma-Bari, Laterza, 2017 (228 pages).
2. Riccardo Guastini, La sintassi del diritto, Giappichelli, Torino, 2014, first, fourth and sixth section (140 pages).
3. Carlos S. Nino, Introduzione all’analisi del diritto, Giappichelli, Torino, 1996, cap. II, III, IV, V e VII (269 pages).
4. Andrea Iacona, L'argomentazione, Einaudi editori, Torino, 2005, cap. IV (41 pages).
5. Giovanni Tuzet, Analisi economica del diritto come argomentazione giuridica, in "Teoria jurídica contemporânea" Vol. 3, No. 2 (giugno-dicembre 2018), pp. 97-122 (26 pages).
6. David D. Friedman, L'ordine del diritto. Perché l'analisi economica può servire al diritto, Il Mulino, 2004, chap. 1 and 2 (28 pages).
7. Antonino Rotolo, Perché il diritto è una convenzione? Il gioco delle norme e il suo linguaggio, Giappichelli Edittori, 2013 (84 pages).

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The course will take place in the second semester.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

For attending students, the final examination is oral and consists of two parts. First, students must present an in-depth analysis of a topic chosen from those covered during the lectures and discussed in the bibliography. Subsequently, they will answer questions posed by the examination board concerning the theoretical and practical contents of the syllabus. These questions are intended to assess the achievement of the course’s learning objectives. The final grade will be determined on a weighted basis, taking into account both active participation during lectures and the completion of the assignments proposed throughout the course.

For non-attending students, the final examination is oral and consists of two parts. The examination will begin with a structured presentation on a topic from the syllabus selected by the student. Subsequently, students will answer questions posed by the examination board concerning the course programme, with the aim of assessing the achievement of the learning objectives.

ASSESSMENT METHODS

Assessment will verify that students have acquired sufficient conceptual knowledge and analytical-argumentative skills regarding the problems studied. In general, students must demonstrate high quality in the presentation of topics, critical reasoning skills, and the correct use of specialized vocabulary. In particular, students must show that they can master the various theoretical approaches and argumentative strategies studied, applying them effectively through concrete examples. Once these skills are verified, students will pass the exam and automatically obtain the Open Badges associated with this course.

For attending students, the commitment shown in each phase of the course will be assessed: in discussions on the topics covered, in group work, in the analysis of practical cases, in the assigned exercises, and in the final exam.

Students having a valid certification of disability or Specific Learning Disorders (DSA) and having complied with Unige procedures (described here) may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps). In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

For further information not included in the course syllabus, please contact the teacher.