Portale di Ateneo - En.Unibs.it

The course purports, first of all, to provide a general overview of the main interpretive and argumentative techniques employed by legal practitioners and scholars; secondly, it aims to introduce the students to the theoretical reflection that such interpretive and argumentative techniques have triggered in the legal culture. Particular attention will be devoted to the impact on legal reasoning of the constitutionalization, internationalization and Europeanization processes. The fundamental objective of the course is to contribute to the development of clear, precise and theory-aware legal language. The course will address the following topics: specificity of legal reasoning; concepts of interpretation and theories of legal interpretation; ambiguity of normative texts and vagueness of norms; interpretive techniques; lacunae and antinomies; legal principles, balancing judgment and proportionality test; techniques and problems of constitutional interpretation; interpretation of the European Convention on Human Rights and interpretation of EU law.