Teaching code

4S02105

Teacher

Daniele Velo Dalbrenta

Coordinator

Daniele Velo Dalbrenta

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/20 - PHILOSOPHY OF LAW

Period

2° periodo lezioni (2B) dal Apr 8, 2026 al May 20, 2026.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course aims at allowing students to develop a critical awareness of the complexity of juridical experience with particular regard to its logical and methodological aspects. At the end of the course, students shall have the ability to formulate, in an autonomous and critical way, judgements and elaborated arguments on the main legal questions dealt with in class. Students shall also acquire the argumentative skills required for a correct application of positive law.

Prerequisites and basic notions

The student must have already passed the Philosophy of Law exam and possess adequate knowledge of positive law in its main outlines.

Program

The course aims to introduce students to a reflection on the rationality that characterizes law. This reflection is situated, from a disciplinary perspective, within the field of legal logic, understood as the study of the reasoning employed by jurists, insofar as it is the expression of a distinctive forma mentis. The objective of the course is therefore to provide the conceptual tools necessary to understand the specific features and functioning of legal reasoning, which does not exhaust itself in the elaboration, production, and mechanical application of legal norms, but is expressed in both a theory and a practice endowed with their own distinctive characteristics.
The first part of the course is devoted to the analysis of legal reasoning at the theoretical level, situating it within the debate between formalism and anti-formalism. From this perspective, some fundamental concepts—such as norm, precedent, and system—will be examined in order to clarify the way in which they can orient the understanding of the very meaning of legal reasoning.
The second part of the course instead considers legal reasoning at the practical level, that is, as an argumentative activity directed toward the application of positive law. To this end, some theories of argumentation will be examined, showing, through the discussion of cases, how they allow legal reasoning to relate to experience in different ways.
Erasmus students are kindly requested to contact the instructor by email in order to make arrangements regarding reading materials, examination format, and the language of the exam (Italian, English, or Spanish).

Bibliography

Didactic methods

The course consists of 36 hours of lectures, supported by the use of PowerPoint presentations.
In order to facilitate a better understanding of the topics covered in the course, participatory teaching methods will be adopted and seminars will be organized with legal practitioners and scholars specialized in legal logic.

Learning assessment procedures

The examination will take the form of an oral exam. For attending students, the exam will consist of an in-depth discussion of the course contents, aimed at assessing the ability to critically connect what has been learned during the lectures, with specific reference to the assigned readings and their related materials, as well as to the seminars and the analysis of case studies proposed by the instructor. For non-attending students, the exam will be based exclusively on individual study of the three texts indicated in the syllabus (the third to be chosen by the student).

Evaluation criteria

The exam will mainly focus on the contents of the reference syllabus (attending / non-attending students) and will aim to assess the ability to discuss the topics covered, demonstrating in particular:
– understanding and knowledge of the subject matter;
– ability to formulate judgments;
– clarity and appropriateness of expression;
– an adequate method of study.
The final grade, expressed on a 30-point scale, will be determined on the basis of the following criteria:
a) depth and breadth of the knowledge acquired;
b) appropriate use of language;
c) analytical and argumentative skills;
d) capacity for critical reflection.

Criteria for the composition of the final grade

The final grade will be composed according to the criteria above (approximately 1/4 for each criterion).

Exam language

Lingua italiana

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