000216L - THEORY OF LEGAL INTERPRETATION AND ARGUMENTATION

courses
ID:
000216L
Duration (hours):
48
CFU:
6
SSD:
FILOSOFIA DEL DIRITTO
Located in:
PESCARA
Url:
BUSINESS LAW/CORSO GENERICO Year: 1
Year:
2025
Course Catalogue:
https://unich.coursecatalogue.cineca.it/af/2025?co...

Overview

Date/time interval

Primo Semestre (17/09/2025 - 14/12/2025)

Syllabus

Course Objectives

The course aims at achieving theoretical-legal training in order to provide critical means through on the one hand a study of interpretation as an activity, the ambiguities of interpretation and, on the other hand the types of interpretation and the legal reasoning. The aim of the course is to provide a solid basis of argumentative and interpretative techniques for the resolution of legal problems in constant connection with current Italian law, and to provide theoretical, technical and application knowledge of the Italian regulatory system and of the main sectors in which it is articulated. The course also intends to develop the student's interpretative and argumentative skills, in view of their training as lawyers able to operate in private and public companies, in the third sector and in the public administration.

Course Prerequisites

Specific knowledge and skills are not required, nor are there any prerequisites.

Teaching Methods

The course consists in classroom lectures, exercises, and discussions starting from legal cases with the purpose of reflecting upon the main questions of interpretation and legal argumentation.

Assessment Methods

No verification tests are scheduled during the course. The learning assessment method consists of an oral test. In order to pass the oral test it will be necessary for the candidate to proof at least sufficient knowledge of the topics, an appropriate study methodology and adequate critical skills.

Texts

For English-speaking students the texts will be indicated in accordance with the teacher. The main programme topics refer to those contained within the following Italian texts: R. Guastini, Interpretare ed argomentare, Giuffrè, Milano 2011: part I; part II (chapters I, V e VI), part III (chapters I, III, IV, V, VI); parte V (chapters I, II; D. Canale, G. Tuzet, La giustificazione nella decisione giudiziale, Torino 2019.

Contents

interpretation: definitions; interpretation as an activity and as a product; ambiguity of normative texts; the vagueness and ambiguity of the legal rules; rules and regulations; the authors of the interpretation; authentic interpretation; the product of interpretation; rules and principles; principles and interpretation of law; balancing; legal reasoning; the reasoning of the judge and the application of the law; interpretation theories and theoretical controversies

Course Language

Italian

More information

E-mail: alessandro.serpe@unich.it Student days and receiving hours (previous e-mail appointment): Thursday 11: 00-12: 30

Degrees

Degrees

BUSINESS LAW 
Bachelor’s Degree
3 years
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