Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2015/2016
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on GIURISPRUDENZA
Disciplinary sector: 
PHILOSOPHY OF LAW (IUS/20)
Credits: 
6
Year of study: 
2
Teachers: 
Cycle: 
Second Trimestre
Hours of front activity: 
48

Language

Italian

Course description

-Knowledge and understanding skills

At the end of the course, the student must have acquired knowledge of the general methods and theories of legal interpretation.
Knowledge and comprehension skills are achieved through frontal lessons and meetings with students aimed at understanding the recommended texts and experimenting with reading strategies.
The way to verify this knowledge and ability is to take the oral examination test.

-Ability to apply knowledge and understanding

As in all disciplines of a philosophical-legal nature, the course intends to develop the methodological self-awareness of the jurist in training, that is, of the very modalities of the juridical operation by the various actors of the juridical world, in particular those engaged in the application of law.
In this way, we try to create the conditions to develop analytical skills oriented to the understanding of the contemporary legal world and its transformations. Particular attention will be paid to issues of legal interpretation within the current European constitutional state, through the contribution of the German legal hermeneutics currents.
The way to verify this ability to apply knowledge and understanding is by taking an oral examination.

Self-assessment

The final aim of the course, therefore, is to transmit a complex of knowledge capable of developing broad interpretative and critical skills.

-Communication skills

At the end of the course, the student must be able to communicate, in a conscious way, legal-philosophical issues through a language that combines the necessary linguistic specialism with the concrete ability to apply to specific legal contexts. The verification of the acquisition of communicative skills takes place through the evaluation of the student's expository and argumentative capacity during the oral exam.

-Learning ability

At the end of the course, the student must have acquired complete autonomy of learning and critical evaluation of the themes of the theory of legal interpretation, of the historical-legal contexts within which it matures and of the prospects of transformation in them immanent.

Prerequisites

The course requires a sufficient
general preparation resulting from the
high school. The exercises in
The purpose of the classroom, if necessary, is to
strengthen knowledge
theoretical-legal useful for understanding
of the topics covered in the lessons.

Syllabus

The main topics to be dealt with in the course of the lessons are:
Theories of interpretation; interpretative activity; legal reasoning; rules and techniques of interpretation; principles; gaps and conflicts between rules;
constitutional interpretation;
Interpretation and theories of interpretation: traditional positivism, Hart, Dworkin, Kelsen, Troper.
Legal hermeneutics; reason in law: Kelsen and Kriele.

The course aims at the analysis and deepening of
of the legal-philosophical conditions within
which is the practice of interpretation
and its theoretical specificity within the contemporary constitutional state (30 hours). Particular attention will be paid to German legal hermeneutics (18 hours).

Teaching Methods

Lessons, various meetings scheduled for reflection and practice of reading texts, their understanding, conceptual determination of content and exposure of them.

Textbooks

Learning assessment

It will be held by means of an oral test.
Particular attention will be given to interviews
that will take place during the course. The
The purpose of the final evaluation is to verify the learning abilities,
knowledge and communication skills.

More information

Active participation in lectures, seminars and receptions is particularly useful.