Learning objectives
The course (9 CFU) is composed of two parts: mod. I (6 CFU) and mod. e-learning (3 CFU).
1. LEGAL LOGIC, ARGUMENTATION AND INFORMATICS MOD. I
(Prof. Zanichelli):
a) Legal logic and argumentation
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
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.
2. LEGAL LOGIC, ARGUMENTATION AND INFORMATICS MOD. E-LEARNING
(Prof. Del Sole and Prof. Sarcinella):
The course aims to achieve a good command in computer and information technology and communication to perform activities of study and work.
The lessons, taking into account the initial knowledge base of students, will have as their objective the achievement of competence, skill and autonomy in the use of the software tool and the main applications in view of the formation of the jurist.
The aspects most closely linked to the legal sector (forexample, drafting a thesis in law, finding legal precedents and normative references, the editing of legal proceedings and knowledge of essential paths in the “telematics process”) will be within the program provided, at European level, to pass the ECDL test (ECDL - European Computer Driving Licence).
This setting will also allow students to earn a useful training for the eventual preparation of the official ECDL, at one of the accredited test centre.
The same program concerns the exam of Legal Informatics Mod. II for former students.
Prerequisites
No prerequisite
Course unit content
1. LEGAL LOGIC, ARGUMENTATION AND INFORMATICS MOD. I
(Prof. Zanichelli):
The course of Legal logic, argumentation and informatics mod. I 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.
2. LEGAL LOGIC, ARGUMENTATION AND INFORMATICS MOD. E-LEARNING
(Prof. Del Sole and Prof. Sarcinella):
E-learning materials are available at
https://elly.gspi.unipr.it/2018/enrol/index.php?id=98
The course concerns the following subjects, for which one can refer to the analytical descriptions contained in the modules of the syllabus for the ECDL certificate (European Computer Driving Licence) according to the indications in the syllabus version 5.0:
- Basic concepts in information technology (ICT);
- Computer use and file management;
- Word processing;
- Computer networks, Internet and email;
- Use of databases and legal searches on internet;
- Basic concepts on IT security;
- Outline of the main features of Excel and PowerPoint.
The classes taught in e-learning mode use the Microsoft Office 2010.
The same program concerns the exam of Legal Informatics Mod. II for former students.
Full programme
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Bibliography
1. LEGAL LOGIC, ARGUMENTATION AND INFORMATICS MOD. I
(Prof. Zanichelli):
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. 194-196, 197-200, 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) (230 pp., 6 CFU).
Former student have to study just textbook b) (120 pp., 3 CFU).
2. LEGAL LOGIC, ARGUMENTATION AND INFORMATICS MOD. E-LEARNING
(Prof. Del Sole and Prof. Sarcinella):
E-learning materials are available at
https://elly.gspi.unipr.it/2018/enrol/index.php?id=98
In order to prepare for the exam it is recommended to choose one of the manuals available to prepare the ECDL Full Standard (seven modules). Among the manuals on the market:
TIBONE, La Patente del Computer. Nuova ECDL con Windows 7 e Office 2010, Zanichelli, 2017.
LUGHEZZANI-PRINCIVALLE, Nuova ECDL Base + Full Standard Extension, volume unico, Hoepli, 2017-2018
Or any other manual useful for the preparation of the ECDL FULL STANDARD (AICA).
The same program concerns the exam of Legal Informatics Mod. II for former students.
Teaching methods
1. LEGAL LOGIC, ARGUMENTATION AND INFORMATICS MOD. I
(Prof. Zanichelli):
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).
2. LEGAL LOGIC, ARGUMENTATION AND INFORMATICS MOD. E-LEARNING
(Prof. Del Sole and Prof. Sarcinella):
The course is taught in e-learning mode.
E-learning materials are available at
https://elly.gspi.unipr.it/2018/enrol/index.php?id=98
The same program concerns the exam of Legal Informatics Mod. II for former students.
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.
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.
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.
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. The students have 15 minutes to complete the test. To pass the examination they have to provide at least 9 correct answers out of 15.
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).
c) LEGAL COMPUTER SCIENCE MOD. E-LEARNING
(also for former students who have to take the examination of Legal computer science mod. I):
Theoretical and practical exams.
Students holding a final certificate ECDL may do only the part of the examination covering the search for legal documents in databases and on the Internet, while the remaining part of the program of the module of Informatics will be recognised; in this case, students will have to register via the Internet (in the notes it is to be indicated the ECDL) and present the ECDL certification on the examination day. To students holding a final certificate ECDL and who have attended the course of Legal computer science before the academic year 2015-2016, will continue to apply the previous rules (ECDL recognition as Module of Legal computer science, by enrolment via internet and presentation of the certificate on the day of examination).
Other information
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