50217 - LEGAL ARGUMENTATION AND ECONOMIC ANALYSIS OF LAW
Course taught in English
Class-group lessons delivered on campus
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.
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
- Distinguish the main interpretive and argumentative techniques in law
- Understand the main differences, merits and limits of the main economic approaches to law
.
- 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
- Face-to-face lectures
- Exercises (exercises, database, software etc.)
- Case studies /Incidents (traditional, online)
- Exercises on tests simulating the exam
- Traditional case studies on legal and economic issues
Continuous assessment | Partial exams | General exam | |
---|---|---|---|
x | x |
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 the past who have not yet passed the exam must prepare it with the contents and rules of the current a.y.
-
· 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