Learning objectives
The objective of the course is to learn the argumentative techniques used
by Roman jurists and to verify how lawyers used them in trials. This is a
perspective that introduces the student to two elements that still
characterize the legal professions today, namely legal argumentation and
its rhetorical presentation.
Prerequisites
Basic knowledge of roman and modern provate law; adequate logical
skills; reasoning skills
Course unit content
The course is dedicated to forensic argumentation, in the various
meanings it held in ancient Rome. If the aim of a lawyer is to persuade
the judge, it will not be enough for him to know which rules must be
applied to the case concerning his client, but he will also need to link the
logical-juridical reasoning to the social values of which the rules of law
are an expression, and also to affect the emotions of the judge, to move
and guide them in his favor. In ancient Rome, to refine all these skills,
aspiring lawyers went to rhetoric school, where the techniques of
persuasive speech were taught (in Greek rhetoriké, from which the term
"rhetoric" originates). The course illustrates the basic notions of classical
rhetoric and shows how they were used to structure and address private
law disputes. he lessons are conducted through the reading and analysis
of texts by Roman jurists, excerpts from ancient rhetoric manuals, as well
as a selection of "declamations," draft trial speeches on fictional cases,
Full programme
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Bibliography
The students attending the lesson will prepare themselves to the exam
with the material distributed and commented upon during lessons.
The students not attending the lesson will prepare the exam with the
study of - A. Bellodi Ansaloni, Scienza giuridica e retorica forense, III
edizione, Maggioli, Bologna, 2020, pp. 117-139 (third chapter of Part I =
pp. 117-139 may be omitted).
Learning Goals The objective of the course is to learn
Teaching methods
The lessons are based on the reading and commentary of legal and
rhetorical texts, distributed in translation. Through the study of a series of
simulated trial cases, students will gradually be led to learn how the
ancients trained to defend a case at trial. In terms of legal content,
knowledge of some fundamental notions of private law will also be
deepened. The Course includes a final exercise, in the form of a Moot
Court Competition, which will require students to directly put the learned
techniques into practice.
Assessment methods and criteria
For attending students, learning assessment takes place partly during the
course and partly through a final oral exam. During the lessons, the student's active participation is taken into account both in the discussions
proposed in class and in the group work required for the final exercise.
The final oral exam will focus on one of the "declamations" analyzed
during the course, chosen by the student.
For non-attending students, the exam consists of an oral examination,
which includes an adequate number of questions to evaluate the
candidate's preparation. As part of it, knowledge and critical
understanding of the contents of the adopted textbook are verified. The grade will be decided on the average of the marks assigned to each answer.
Other information
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