Universität Wien

030686 KU Introduction to Formal Logic in Legal Argumentation - Comparative Case Studies (2021S)

3.00 ECTS (2.00 SWS), SPL 3 - Rechtswissenschaften
Prüfungsimmanente Lehrveranstaltung
DIGITAL
Moodle

An/Abmeldung

Hinweis: Ihr Anmeldezeitpunkt innerhalb der Frist hat keine Auswirkungen auf die Platzvergabe (kein "first come, first served").

Details

max. 30 Teilnehmer*innen
Sprache: Englisch

Lehrende

Termine (iCal) - nächster Termin ist mit N markiert

Due to the current Covid-19 crisis measures in place at the University of Vienna and its law school the class cannot be held in its usual classroom setting. It will be implemented as a home- and e-learning course, requiring some amendments and re-arrangement concerning course methods, structure, and grading.

On March 11th, 2021 at 3 p.m. (15:00-16:30) the class will commence by an introductory first online session. By that date a related Moodle course will be online. There we will make available screen-casts covering the basic content parts related to formal logic in legal argumentation. We kindly ask you to watch these presentations individually and to consult the indicated and uploaded reading materials as a guidance. The session will be concluded with instructions for two home exercises (due by 22 03 2021).
On March 26th at 3 p.m. (15:00–18:00) a first online consultation session on questions resulting from the first home learning weeks and for feedback on the preparatory home exercises will take place and we will introduce you to a first model case analysis and give instructions for a 3rd home exercise (due by 09 04 2021) in preparation of the upcoming session.
On April 16th at 3 p.m. (15:00-18:00) a 2nd online consultation session will deal with another model case analysis in preparation of your own case analysis task together with detailed instructions.
Subsequently you will have time until 17 05 2021 to submit a structured written case analysis (3 pages) of a legal case of your own choice. Your course requirements will be concluded by a short written comment on 3 case studies of fellow class participants and upon assignment by the course teachers (half a page each, due by 25 05 2021); for these tasks structured case study and feedback templates will be provided.
On May 28th at 3 p.m. (15:00-16:30) a final online feedback and discussion session on the case study results and comments will be offered.

Grading for the class (3 ECTS corresponding to an expected average total workload of 75 working hours incl. online consultation hours) will be based on the following criteria:
• small intermediate written tests according to the course instructions (exercises 1 and 2, due by 22 03 2021, and exercise 3 due by 09 04 2021);
• a written case analysis (3 pages , due by 17 05 2021);
• a short written feedback to three other case studies (1,5 pages in total, due by 25 05 2021);
• active participation in the discussion of the materials, exercises and the final session on May 28th.

In case of a possibility to meet in-class later in the spring term changes of the course concept and the schedule may occur, subject to prior agreement of dates with the participants (e.g. in class presentations of case studies during June).

  • Donnerstag 11.03. 15:00 - 16:30 Digital
  • Freitag 26.03. 15:00 - 18:00 Digital
  • Freitag 16.04. 15:00 - 18:00 Digital
  • Freitag 28.05. 15:00 - 16:30 Digital

Information

Ziele, Inhalte und Methode der Lehrveranstaltung

This course introduces the use of formal logic for the analysis of legal arguments as developed by several European partner universities within the Erasmus Intensive Programme LAWGIC (i.a. European University Institute Florence, University of Bologna, the European Academy of Legal Theory) and including the so-called 'logocratic method' by Professor Scott Brewer (Harvard Law School). It aims at providing the analytical tools for students to critically evaluate legal arguments in all fields of law regardless of a specific jurisdiction.

The first part of the course will be input from the lecturers on the so-called 'logocratic method' along with reading assignments and exercises developing the necessary basic knowledge and skills for the subsequent second part. During the latter part students are required to prepare, present, and discuss comparative group presentations: In a blended learning environment they 1. apply national and international legal research tools, databases and search engines in order to 2. apply the logocratic method on selected individual cases out of various jurisdictions.

Accordingly, students will learn to identify the specific logical mode of legal arguments, to critically reflect on their use and their strength in a comparative way across various national and international legal orders and legal cultures, to use various national and international online research tools for comparative law purposes, and to participate in an international blended learning environment.

Art der Leistungskontrolle und erlaubte Hilfsmittel

Grading for this class is based on three components: active participation during class sessions and working group preparation; oral presentation of a case study as part of a joint working group effort; written paper summarizing the orally presented case analysis incl. comparative aspects.

Mindestanforderungen und Beurteilungsmaßstab

In order to obtain a positive grade, students have to be present in class on a regular basis (and cannot miss more than 2 sessions) and actively contribute to discussions of the content of the introductory sessions offered by the lecturers and of the case study presentations offered by the students. They have to form part of a student working group preparing comparative case studies outside class and involving blended learning exercises (amounting to 25% of the overall grade). Participants have to present a case study analysis in class as a result out of such a comparative and thematically coherent group work preparation and discuss it together with the lecturers and peer student groups (amounting to 50% of the total grade). Finally they have to contribute to a group paper with a written summary of their case study (amounting to 25% of the final grade).

Prüfungsstoff

The case studies to be presented in class as part of one of the thematic working group's comparative case analysis have to be based on the basic analytical concepts and tools provided during the introductory class sessions and guiding class materials. By applying the logocratic method, students have to identify the particular modes of logical inference enshrined in the arguments present in the selected case law examples and to critically analyze the particular strengths and weaknesses these arguments reflect. Participants have to make an effort to formally represent rule and argument "enthymemes" and to identify the basic logical form of such arguments (whether they are presented as a valid or strong deductive, inductive, abductive, or analogical argument).

Literatur

Compulsory readings:
1. Lentner, Formal Logic in Legal Argumentation: The Logocratic Method in Brief [18 pages]
2. Pollock, Intro to the Formal Study of Reasoning, chapter 1 [23 pages]
3. Sinnot-Armstrong/Fogelin, Inductive Reasoning [12 pages]

Optional reading:
4. Brewer, Lecture Agonophobia (section V. pp. 2311-2316) [5 pages]
5. Copi, Introduction, chapter 8 Symbolic Logic [50 pages]

Reading list available in the Moodle course and additional optional readings available in the blended learning tool: https://lawandlogic.org

Zuordnung im Vorlesungsverzeichnis

Letzte Änderung: Fr 12.05.2023 00:12