| Activity | Credits | Period | Academic staff | Timetable |
|---|---|---|---|---|
| UL1 | 2 | 2° periodo di lezioni - aprile/maggio 2017, 2° periodo di lezioni - febbraio/aprile 2017 | Stefano Fuselli | |
| UL2 | 4 | 2° periodo di lezioni - aprile/maggio 2017, 2° periodo di lezioni - febbraio/aprile 2017 | Federico Reggio |
The purpose of the course is to introduce students to argumentation theories and techniques in the context of legal reasoning both at judicial and extra-judicial level. The goal is to promote a critical reflection on the conditions that provide the main argumentative procedures used by jurists with persuasiveness and rational controllability. With the help of case-studies and of material that will be shared during the lectures, the course looks forward to combine theoretical profiles with practical tools, measured on the main requirements which stem from the contemporary legal practice.
The course is divided in two connected parts: both of them are specifically designed to combine the analysis of theoretical-methodological issues with their verification through the analysis of case-studies and legal documents (e.g. sentences; acts).
The course is divided in two connected parts: both of them are specifically designed to combine the analysis of theoretical-methodological issues with their verification through the analysis of case-studies and legal documents (e.g. sentences; acts).
The first part will focus on judicial reasoning and on the use of argumentative tools in the creation of a valid and persuasive legal discourse, as well as in the verification of its logical-argumentative sustainability. The second part will shift the focus on ADR processes, mostly on non-adjudicative ones, like, e.g., negotiation and mediation. Here, methods stemming from traditional argumentation theories will be confronted with methods developed within the field of conflict transformation.
Traditional lectures will be followed by practical seminars, oriented to a cooperative-learning approach, with the purpose of combining the theoretical part of the course with moments directed to foster the development of personal skills and competences.
Topics:
-Legal argumentation: theory, models, main tools;
-The epistemological status of juridical proof / cases from the contemporary legal experience;
-Argumentation and the construction of a reasoned dialogue in negotiation and mediation;
-Tools and methods for conflict resolution.
a) Attenders
- Notes and other material shared during the lectures;
b) Non attenders
- F. Zanuso - S. FUSELLI, Il Lascito di Atena, FrancoAngeli, Milano 2012
The final examination is oral.
Erasmus students are invited to personally contact the lecturer at the beginning of the course.
| Activity | Author | Title | Publisher | Year | ISBN | Note |
| UL2 | Zanuso - Fuselli | Il Lascito di Atena | Franco Angeli | 2011 |
