Studying at the University of Verona

Here you can find information on the organisational aspects of the Programme, lecture timetables, learning activities and useful contact details for your time at the University, from enrolment to graduation.

This information is intended exclusively for students already enrolled in this course.
If you are a new student interested in enrolling, you can find information about the course of study on the course page:

Laurea magistrale a ciclo unico in Giurisprudenza - Enrollment from 2025/2026

The Study Plan includes all modules, teaching and learning activities that each student will need to undertake during their time at the University.
Please select your Study Plan based on your enrollment year.

2° Year  activated in the A.Y. 2016/2017

ModulesCreditsTAFSSD
A course to be chosen among the following
A course to be chosen among the following
6
A
IUS/18

4° Year  activated in the A.Y. 2018/2019

ModulesCreditsTAFSSD
9
A
IUS/01
6
B
IUS/12
A course to be chosen among the following
activated in the A.Y. 2016/2017
ModulesCreditsTAFSSD
A course to be chosen among the following
A course to be chosen among the following
6
A
IUS/18
activated in the A.Y. 2018/2019
ModulesCreditsTAFSSD
9
A
IUS/01
6
B
IUS/12
A course to be chosen among the following

Legend | Type of training activity (TTA)

TAF (Type of Educational Activity) All courses and activities are classified into different types of educational activities, indicated by a letter.




S Placements in companies, public or private institutions and professional associations

Teaching code

4S003574

Coordinator

Stefano Bertea

Credits

6

Language

English en

Scientific Disciplinary Sector (SSD)

IUS/20 - PHILOSOPHY OF LAW

Period

2° periodo di lezioni - febbraio/aprile 2020 dal Feb 10, 2020 al Apr 6, 2020.

Learning outcomes

The aim of this module consists in introducing key elements of the current debate on legal argumentation. Different forms of argumentation are involved in applying legal standards (rules, principles, policies, etc.) to specific cases. Legal argumentation, thus, cannot be qualified as a straightforward process; in fact, it raises a number of practical issues and theoretical concerns.

The main questions that will be considered in the module are as follows: What do we mean by “legal argumentation”? Is legal argumentation partly or entirely a deductive process? Can legal argumentation be regarded as a descriptive activity of the standards issued by law-makers or rather the processes of arguing in, and reasoning about, law impacts on the contents of a legal system? Does legal argumentation differ in any substantial way from law-making? Is legal argumentation a rule-constrained activity? Can law, politics and morality be kept separate in legal argumentation?

Accordingly, by completing this module, students will have gained in-depth understanding of the nature, features and essential dimensions of legal argumentation.

Program

The module consists in 36 one-hour sessions spread over 9 weeks.

The main topics that will be covered during the sessions are the following ones:
1. Logic and Argumentation in Law – A General Introduction (Week 1)

Part I: The Practice of Arguing in Law
2. Arguing with Rules (Week 2)
3. Arguing with Precedents (Week 3)
4. Law, Argumentation, and Authority (Week 4)

Part II: Legal Argumentation and Theory
5. Neil MacCormick’s Theory of Legal Argumentation and its Implications: Legal Positivism (Weeks 5 and 6)
6. Ronald Dworkin’s Theory of Legal Argumentation and its Implications: Non-Positivism (Week 7, 8, and 9)

Reference texts
Author Title Publishing house Year ISBN Notes
E. Feteris Fundamentals of Legal Argumentation: A Survey of Theories on the Justification of Judicial Decision Springer 2017
F. Schauer, Thinking like a Lawyer Harvard University Press 2009

Examination Methods

This module will be assessed on the basis of a single 2,000 word-long essay, to be completed by the end of the Teaching Term and handed in to the lecturer by Monday 20th April 2020 at 11.00 am (please email the electronic copy of your essay to: berteas@hotmail.com).

During the lectures I will provide the list of the essay titles. However, should a student come up with his/her own title and it falls within the parameters of the module, the lecturer will be happy to expand the list accordingly. Students interested in taking this option should consult the lecturer beforehand and agree an essay title with him if they wish to submit their own title.

Students with disabilities or specific learning disorders (SLD), who intend to request the adaptation of the exam, must follow the instructions given HERE