Learning objectives
The course (9 CFU) is composed of two parts.
- Mod. I (6 CFU):
a) LEGAL LOGIC AND ARGUMENTATION
(Prof. Zanichelli)
b) LEGAL COMPUTER SCIENCE
(Prof. Zanichelli)
- Mod. e-learning
(Prof. Del Sole e Sarcinella)
(see Syllabus at https://www.unipr.it/ugov/degreecourse/170867)
a) LEGAL LOGIC AND ARGUMENTATION
(Prof. Zanichelli):
By attending the lectures and/or by studying the textbook, the students shall be able to:
1. Know and understand the basic concepts of the general theory of law, legal logic and legal argumentation;
2. Apply the acquired knowledge to the problems addressed in the current practice of law;
3. Understand and master the special vocabulary of legal logic and argumentation;
4. Improve their language skills and expressive abiliy;
5. Develop an autonomous learning method.
b) LEGAL COMPUTER SCIENCE
(Prof. Zanichelli):
By attending the lectures and/or by studying the textbook, the students shall be able to:
1. Know and understand the basic concepts and paradigmatic issues of legal computer science, from a theoretical point of
view;
2. Know and understand how information technology is changing the legal systems and the practice of law;
3. Apply the acquired knowledge to some problems addressed in the current practice of law;
4. Understand the special vocabulary of legal computer science;
5. Develop a critical approach to the addressed issues.
Part b) concerns also former students who have to take the examination of Legal computer science mod. I.
Prerequisites
No prerequisite.
Course unit content
The course is composed of two parts:
(a) Legal logic and argumentation
(first part of the course)
(b) Legal computer science
(second part of the course)
(a)
Legal logic and argumentation addresses some basic concepts of the general theory of law, from a linguistic, logical and argumentative point of view:
1. Basic concepts of general logic;
2. The concept of ‘law’/’right’;
3. The legal discourse as a prescriptive language;
4. The concept of ‘legal rules’;
5. The concept of ‘legal principles’;
6. The concepts of validity, existence, efficacy of the rules;
7. Objects, conceptions and techniques of legal interpretation;
8. The concept of ‘gaps’ of the legal system;
9. Legal reasoning.
(b)
Legal computer science concerns the very theoretical and normative features of the subject, and it aims to analyze the transformations of 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:
1. Introductory notions: relationship between law and technology; digital convergence; digital neutrality; relationship between technology and legal knowledge;
2. privacy and data protection (according to the Regulation EU 2016/679;
3. digital document and digital signature;
4. information technology and
criminal justice system;
5. telematic trial;
6. social network sites;
7. deterritorialization, destatalization, dematerialization of law in the digital
era.
The part b) Legal computer science concerns also former students who have to take the examination of Legal computer science mod. I.
Full programme
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Bibliography
The textbooks are the same for bot attending and non attending students:
(a) Legal logic and argumentation:
R. GUASTINI, Il diritto come linguaggio. Lezioni, Giappichelli, Torino 2006
First part
Chapt. I, pp. 3-5;
Chapt. II, pp. 7-11;
Chapt. III, pp. 13-17, 19-20;
Chapt. V, pp. 29-33;
Chapt. VI, pp. 35-40.
Second part
Chapt. VIII, pp. 101-104, 107-108;
Third part
Chapt. I, pp. 127-132;
Chapt. III, pp. 144-150;
Chapt. IV, pp. 152-160, 169-173;
Chapt. V, pp. 175, 177-179;
Chapt. VI, pp. 194-200, 203-205, 207.
(b) Legal computer science:
G. PASCUZZI (ed.), Il diritto dell’era digitale, il Mulino, Bologna 2016
Introduction, pp. 13-30 e 32-39; Chapt. I, pp. 43-75; Chapt. II, pp. 77-94;
Chapt. IX, pp. 197-206; Chapt. X, pp. 209-214; Chapt. XV, only pp. 269-
273 and 278-288; Chapt. XVIII, only pp. 323, 331-332; Chapt. XIX, pp.
333-339; Chapt. XX, pp. 341-344; Chapt. XXI pp. 345- 347; Conclusions, p.
357.
Current students have to study both textbook a) and b) (200 pp., 6 CFU).
Former student have to study just textbook b) (120 pp., 3 CFU).
Teaching methods
Lectures are basically intended to help the students to master the topics addressed in the textbooks, and to develop an autonomous learning method.
The lectures shall follow the treatment of the subjects as it is developed in the textbooks.
The lectures concerning part a) shall put and explain some basic concepts of the general theory of law, from a linguistic, logical and argumentative point of view.
Such part of the course is addressed just to the current students (who have to take Legal logic, argumentation and informatics mod. I).
The lectures concerning part b) shall analyze the transformations of legal
systems following the developments in information technology, and the
solutions provided by the law to the new problems arising from
information technology.
Such part of the course is addressed to both current and former students (who have to tale Legal computer science mod. I).
An intermediate test concerning part a) shall be scheduled, only for attending students, during the course (see below).
A preliminary test concerning part b) shall be scheduled, for all the students, between the end of the course and the beginning of the examinations (see below).
Assessment methods and criteria
The students have to pass on the same day the examinations covering:
(a) Legal logic and argumentantion
(Prof. Zanichelli)
b) Legal computer science mod. I
(Prof. Zanichelli)
(c) Legal computer science mod. e-learning
(Prof. Del Sole and Prof. Sarcinella)
Final mark shall be the average
of marks obtained in these three tests. If a student passes just one test or two, he has to take again the full examination.
EXAMINATION ON a) LEGAL LOGIC AND ARGUMENTATION
Oral examination, consisting of some questions concerning the issues addressed in the lectures and textbook.
Different kinds of questions:
- broad and general questions intended to test the knowledge of basic concepts of general theory of law;
- more specific questions intended to test the ability to recognize, compare, and distinguish the different topics, from a linguistic, logical and argumentative point of view.
To pass the examination the students have to provide at least two correct answers out of three.
Evaluation criteria:
- broadness and depth of the acquired knowledge;
- adequate competence in order to understand the mentioned topics;
- thoughtful exposition of the subjects, beyond a mechanical repetition;
- language skills and expressive ability.
INTERMEDIATE TEST ON PART a) LEGAL LOGIC AND ARGUMENTATION
An intermediate test shall be scheduled during the course, only for attending students (october 2018). This test shall have the same structure as the examination on part a).
The students shall apply for this test during the lectures.
Mark obtained in this test shall contribute to the final mark (if satisfactory), or it shall serve as an intermediate self-assessment tool (if not satisfactory), in order to make the student able to improve his knowledge and learning method toward the final examination.
EXAMINATION ON PART b) LEGAL COMPUTER SCIENCE mod. I:
(also for former students who have to take the examination of Legal computer science mod. I)
Examination shall be a written multiple choice test, consisting of 15 questions concerning the
issues addressed in the textbook. Different kinds of questions: - broad
and general questions intended to test the knowledge of basic concepts
of legal computer science; - more specific questions intended to test the
ability to compare and distinguish the different topics. Immediately after
the call, all students shall take the test simultaneously. They shall have 15 minutes to complete the test. To pass the examination the students have to provide at least 9 correct answers out of 15.
PRELIMINARY TEST ON PART b) LEGAL COMPUTER SCIENCE mod. I:
A preliminary test shall be scheduled, for all the students, at the beginning of december 2018, between the end of the course and the beginning of final examinations. This test shall have the same structure as the examination on part b).
The students shall apply for this test by e-mail as indicated in the website.
Mark obtained in this test shall contribute to the final mark (if satisfactory), or it shall serve as a self-assessment tool (if not satisfactory).
EXAMINATION ON PART c) LEGAL COMPUTER SCIENCE mod. e-learning: see Syllabus at https://www.unipr.it/ugov/degreecourse/170867
Other information
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