LEGAL LOGIC, ARGUMENTATION AND INFORMATICS
cod. 1007872

Academic year 2021/22
1° year of course - First semester
Professor
- Maria ZANICHELLI
Academic discipline
Filosofia del diritto (IUS/20)
Field
Filosofico-giuridico
Type of training activity
Basic
54 hours
of face-to-face activities
9 credits
hub: PARMA
course unit
in ITALIAN

Learning objectives

1. LEGAL LOGIC AND ARGUMENTATION:

By attending the lectures and by studying the textbook and slides on Elly, the students shall be able to:

- capture the essential features and functioning of the law, from a basic theoretical point of view;

- know and understand the basic concepts of the general theory of law;

- understand and master the special vocabulary of legal theory;

- improve their language skills and expressive ability with reference to that vocabulary;

- develop an autonomous learning method.

2. LEGAL INFORMATICS:

By attending the lectures and by studying the textbook and slides on Elly, the students shall be able to:

- know the basic concepts and paradigmatic issues of legal informatics, from a theoretical point of view;

- know and understand how information technology is changing and challenging the legal systems and the practice of law, in particular as regards the impact of the dematerialization;

- know and understand some of the main legal and ethical problems arising from digital technologies (e.g., algorithmic decision making, right to be forgotten, social network policies, fight against online hate speech, etc.), ant develop a critical approach towards these issues;

- understand the special vocabulary of legal informatics.

3. E-LEARNING PATH:
By studying the slides, TED talks, practical guidelines, tutorial available on Elly, the students shall be able to:

- know and understand basically some of the main programs of Microsoft Office suite and use their essential functions.

- know and understand basically some of the main legal database and use their essential functions.

Prerequisites

No prerequisite

Course unit content

The course is composed of three parts.

1. LEGAL LOGIC AND ARGUMENTATION:
This part of the course shall address

- introductory notions concerning the relationships between law and language, law and culture, law and values, law and justice, law and human person, law and community, law and truth;

- basic concepts of the general theory of law, e.g.: the law as a rule of conduct; the notions of norm and institution; the features of legal rules; the difference between legal rules and other types of standards; the features of legal system; the sources of law; the antinomies and gaps in the law.

2. LEGAL INFORMATICS:
This part of the course concerns the very theoretical and normative implications of the computer science.
It aims to analyze the transformations of the legal systems following the developments in information technology, and the solutions provided by the law to the new problems arising from information technology.
Main issues to be addressed:
- introductory notions concerning the relationships between law and technology;
- data protection;
- digital document, digital signature, certified email, telematic trials;
- cyberbullying, hate speech, cyberterrorism, digital evidence;
- AI and robotics;
- social network sites;
- e-democracy;
- dematerialization.

3. E-LEARNING PATH:
This part of the course will offer:

I. Some practical exercises concerning the role of logic and argumentation in legal cases.

II. Some TED talks concerning current issues about the digital technologies;

III. Practical guidelines to use the main legal databases;

IV. Tutorial concerning the basic programs of Microsoft Office suite (Word, PowerPoint, Outlook, OneDrive).

Full programme

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Bibliography

1. LEGAL LOGIC AND ARGUMENTATION:

N. Bobbio, Teoria generale del diritto, Giappichelli, Torino, only pp. 3-15; 23-29, 31; 45-57; 63-69; 72-77; 115-133; 145-150; 159-160; 166-170; 172-177; 179-181; 209; 212-221; 237-242; 262-268; 270-273;

2. LEGAL INFORMATICS:

G. Pascuzzi, Il diritto dell'era digitale, il Mulino, Bologna 2020, only pp. 17-31; 42-46; 82-88; 92-104; 116-129; 133-135; 240-250; 289-308; 315-335; 361-364; 379.
(220 pages to be studied in total in two textbooks).

Moreover, slides concerning both part 1. and 2. shall we available on Elly for both attending and non-attending students. These slides are intended to clarify, deepen, integrate, and update the textbooks treatment. Therefore, they are to be studied in parallel with the textbooks.

3. E-LEARNING PATH:

Slides to be studied shall we available on Elly for both attending and non-attending students.

Teaching methods

Lectures 1-9 (September 2021) shall concern LEGAL LOGIC AND ARGUMENTATION.

Lectures 10-18 (November 2021) shall concern LEGAL INFORMATICS.

E-LEARNING PATH shall concern INTRODUCTION TO USING SOME OF THE BASIC SOFTWARE PROGRAMS.

Information about the course ant the exam will be communicated during the first lecture.

Lectures 1-9 (Legal logic and argumentation) and 10-18 (Legal Informatics) are intended to help the students to understand and deep the textbooks. Therefore, a frontal teaching method will be mainly used.

In order to provide to the student the cognitive background needed to address the topics of the course, basic terms and concepts of the discipline will be clarified in advance at the beginning of each part of the course.

Slides used in lectures 1-9 and 10-18 are to be studied by both attending and non-attending students. These slides are intended to clarify, deepen, integrate, and update the textbooks treatment.

Student’s active participation and interaction shall be welcome and encouraged anyway.

E-learning path shall outline the essential functions of some programs of Microsoft Office suite and of some legal database.

Assessment methods and criteria

The students have to pass on contextually three exams covering:

1. Legal logic and argumentation;
2. Legal informatics;
3. E-learning path.

If a student passes just one exam or two, he has to take again the full examination.

For the exams 1. and 2. the evaluation shall be expressed in thirtieths (from 30/30 to 18/30), whereas the exam 3. shall provide just a pass evaluation ("suitable" / "not suitable").
To pass the examination the student has to obtain at least 18/30 in both exam 1. and 2., and a pass evaluation ("suitable") in exam 3.
Final mark shall be the average
of marks obtained in exams 1. and 2.,
provided that the student has obtained a pass evaluation ("suitable") in exam 3.

1. LEGAL LOGIC AND ARGUMENTATION:

Written test, consisting of 15 multiple choice questions concerning the
issues addressed in the textbook and slides.


2. LEGAL INFORMATICS:
Written test, consisting of 15 multiple choice questions concerning the
issues addressed in the textbook and slides.

To pass the exam the students have to provide at least 9 correct answers out of 15 (18/30).

NB: in case of online examinations, the tests shall be replaced with an oral exam.

3. E-LEARNING PATH:
- Oral exam about I. and II, aiming to verifiy the execution of assigned exercises and the knowledge of TED talks.
- Practical exam about III. and IV., aiming to test the knowledge of software programs and legal database addressed in the course, and the ability to use some of their main functions.

NB: To pass the exam the students have to demonstrate a good ability in the use of Word and legal database.

PARTIAL EXAMS:
A partial exam about part 1. shall be scheduled, for all the students, in October 2021.
A partial exam about part 2. shall be scheduled, for all the students, in December 2021.
Marks obtained in these partial exams shall contribute to the final mark, providing that the final examination is completed within September 2022.
Partial exams are not mandatory but recommended.

Other information

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