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Course 2021-2022 a.y.

50217 - LEGAL ARGUMENTATION AND ECONOMIC ANALYSIS OF LAW

CLMG
Department of Law

Course taught in English


Go to class group/s: 19 - 20

CLMG (8 credits - I sem. - OB  |  IUS/20)
Course Director:
GIOVANNI TUZET

Classes: 19 (I sem.) - 20 (I sem.)
Instructors:
Class 19: GIOVANNI TUZET, Class 20: GIOVANNI TUZET


Mission & Content Summary
MISSION

How to argue in legal contexts? What are the main argumentation schemes used in legal practice? What is the place of economic arguments in law? The first part of the course (general part) presents the main argumentative and interpretive techniques used in legal practice and some models of justification of judicial decisions. It also discusses the role of economic arguments in this field. The second part of the course (special part) presents the main tools and claims of the economic analysis of law and, more in particular, discusses the role of arguments from testimony. What is the value of testimony? How to distinguish reliable testimony from unreliable opinions? Are artificial intelligence devices replacing traditional testimony? The course will explore these issues referring to contemporary legal systems and economic analysis.

CONTENT SUMMARY

FIRST PART

  • Argumentation and Reasoning
  • The Contexts of Legal Argumentation
  • The Justification of Judicial Decisions
  • The Syllogism Model
  • The Double Justification Model
  • Interpretive and Integrative Arguments
  • Legal and Economic Arguments

 

SECOND PART

  • Positive and Normative Economics
  • Functional Approach to Law
  • Coase Theorem
  • Calabresi
  • Posner
  • Arguments on Facts
  • Argument from Testimony
  • Testimony and Hearsay
  • Lay and Expert Testimony
  • Speech Acts and Implicatures
  • Perjury
  • Extended Mind
  • Machine Testimony

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Distinguish the main interpretive and argumentative techniques in law
  • Understand the main differences, merits and limits of the main economic approaches to law

    .

APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Analyze and critically assess judicial reasoning and economic claims about law
  • Apply the notions presented in the course to concrete cases and discuss these critically

Teaching methods
  • Face-to-face lectures
  • Exercises (exercises, database, software etc.)
  • Case studies /Incidents (traditional, online)
DETAILS
  • Exercises on tests simulating the exam
  • Traditional case studies on legal and economic issues

Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •   x x
    ATTENDING AND NOT ATTENDING STUDENTS

    The exam grade will be determined with these criteria (of equal weight):

    • quality of presentation (clarity and order)
    • correctness of the answers
    • completeness of the answers

    The exam aims to assess students' knowledge of the relevant notions and the ability to apply them to concrete cases.

    The partial exams will be on the program (in English) of the current academic year.

    Students enrolled in old codes (in Italian) can take the exam in English with the methods and contents of the current program or, alternatively, take the general exam in Italian.


    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS
    • · Materials available on Blackboard

      · Chaps. 2, 3, 7 of P. Cserne & F. Esposito (eds.), “Economics in Legal Reasoning”, Palgrave 2020

      · Chaps. 1, 3, 5 of D. Walton, F. Macagno & G. Sartor, “Statutory Interpretation. Pragmatics and Argumentation”, Cambridge University Press, 2020

      · Chaps. 1-8 of G.L. Priest, “The Rise of Law and Economics. An Intellectual History”, Routledge 2020

    Last change 14/09/2021 16:06