24633 - Roman Legal Methodology

Learning outcomes

At the end of the course students know:
- the interpretative methods followed by roman juriconsults;
- the logical and reasoning techniques used by roman juriconsults in construing case law;
- the logical instruments for the comprehension of the basis of legal science and the construction of western law;
- the basis and the tecniques of the legal rhetoric for the elaboration of the harangue;
- the ways of planning of the law cases.

Course contents

The course is divided into two parts: the first is dedicated to the method for method for developing, organizing and presenting a legal discourse (written and oral), on the basis of classical rhetoric and the requirements required by current legislation on the subject; the second concerns the method with which Roman jurists developed legal institutions and principles of legal science.

PART ONE:

- Legal writing and communication:

- the requirements of party actsin current legislation (with special regard to c.p.c. and Riforma Cartabia): correctness and precision, simplicity and technicality, clarity and conciseness;

- Classical forensic rhetoric:

- the ways of setting up judicial cases (status causae): conjecture, definition, legality;

- the elaboration and organization of legal discourse: the discovery and arrangement of arguments, style and language, procedural conduct;

- the requirements of the magistrates measures,in particular the motivation of the sentence;

Legal writing and forensic ethics:

- the ethical principles of the lawyer: the rhetoric and the Forensic Code of Ethics;

. ethical principles of judges.

SECOND PART:

- The casistic method and the role of the jurist;

- The method of pontifical jurisprudence: the authoritative method;

- The method of the late republican jurists: the scientific method;

- Dialectics and systematics;

- Legal consultancy and interpretation of law;

- The method of jurisprudence in the Empire;

- The legislator and the control of interpretation;

- Codifications and maximization;

- The activity of the jurists in the Justinian age.

Attending students

For attending students the exam will take place on the topics covered in class.

Erasmus students

The exam program for Erasmus students will be agreed with the course holder.

Students who intend to obtain recognition of examinations abroad (Erasmus, Overseas or other exchange programs)

The course holder will evaluate the congruity of the contents proposed with the object of study of the discipline.

Readings/Bibliography

A. BELLODI ANSALONI, Scienza giuridica e retorica forense, 3a ed., Maggioli 2020.

Useful materials will be indicated in class.

Teaching methods

During the lessons we will comment on the sources and reference materials, making connections between the rules of classical rhetoric and today's legislation on the subject.

Lessons will be given in the first six-month period and the exam can be taken starting from January 2025.

 

Assessment methods

Exam:

The check of objectives will be made by oral exam.

The evalutation of the exam will be made by appreciating program’s knowledge, ability in making logical-deductive reasonings and in speaking the technical-legal terminology.

Gradation of the final grade:

Preparation on very few arguments of the course, analytical skills only by professor’s help, limited ability in speaking the technical-legal terminology: 18-20;

Preparation on few arguments of the course, skills in making logical-deductive reasoning mostly by professor’s help, middling ability in speaking the technical-legal terminology: 21-24;

Preparation on the most of course program, analytical skills, autonomous ability in making logical-deductive reasonings and connections, fairly good knowledge of the technical-legal terminology: 25-29;

Exhaustive preparation on the whole course program, good analytical skills, good and autonomous ability in making logical-deductive reasonings and connections, knowledge of the technical-legal terminology: 30-30L.

Degree thesis

The theses will be assigned after an interview with the teacher, taking into account the student's interests.

The degree thesis consists of an exhaustive treatment that reveals autonomous research skills, methodological and judgmental maturity, interdisciplinary legal knowledge.

It is important to demonstrate that you know how to consult, use and organize the fundamental literature on the subject.

Teaching tools

In order to facilitate the assimilation of the concepts, the illustration of the topics covered will be accompanied, during the lessons, by slide presentations to support teaching.

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be arranged on the adoption of the most appropriate measures.

Office hours

See the website of Anna Bellodi Ansaloni