THEORY OF ARGUMENTATION AND INTERPRETATION
Learning outcomes of the course unit
This course inquires upon the essential elements of interpretative discourse, its problems and the major paths taken by lawyers, professionals and scholars.
Students must have passed Filosofia del diritto.
Course contents summary
Application and interpretation of law. Modes of action: administration and adjudication. Limits to discretional interpretation. Legal Reasoning and its epistemic premises. Analytic theories. Interpretation as choice. Interplay between social conceptions and legal interpretations. Relationships between interpretation, certainty, proportionality, equilibrium. The role of principles as pillars in national and international courts’ decision making.
n.b. students enrolled before 2007/2008 are to follow their own year course program, unless they choose to attend the course.
Students not attending
G. Palombella, Filosofia del diritto, Padova, Cedam, pp. 273-380
Armin von Bogdandy, Principi fondamentali dell’Unione Europea, Napoli, Editoriale Scientifica
G. Zagrebelski, Il diritto mite, Torino. Einaudi
Materials provided for each session.
Lectures and seminars
Assessment methods and criteria