The Applied Judicial Reasoning Program, which is part of the Master's Degree in Magistracy and Judicial Law, has the general objective of recognizing that the most widespread theory of legal interpretation generated with the nineteenth-century codes does not reflect or explain what judges actually do when resolving cases. Therefore, it is necessary to have a theory of judicial argumentation that guides this work and enables its formal and substantive correction.
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Content
Unit 1. Legal argumentation and interpretation.
Unit 2. Judicial reasoning and the structure of the judgment.
Unit 3. Regulatory framework: Standards and Principles.
Unit 4. Factual plane: truth as a condition of justice.
Unit 5. Logical plane: formal logic and material logic. Fallacies.
Unit 6. Linguistic level: semantic, syntactic, pragmatic problems
Unit 7. Axiological plane: most relevant axiological theories.