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  • Specialization program in Litigation and legal argumentation theory

In the current legal paradigm, characteristic of a constitutional state governed by the rule of law, it is not enough for the legal system to possess formally and materially valid norms; it is essential to know how to identify and correctly apply them in constructing solutions to various legal problems. While the justification of decisions has always been a concern of legal science, it was only in the first half of the 20th century that significant theorizing developed regarding techniques for justifying a decision, primarily judicial ones. This has resulted in the formulation of a series of theories. These theories necessarily relate to techniques for constructing reasons, as well as techniques for evaluating the soundness of the reasons justifying a decision. Thus, legal argumentation is not only a relevant issue within legal theory, but also in legal practice across all areas of law.

Today, it is demanded that legal professionals be especially skilled in constructing sound arguments as a means of ensuring, to the greatest extent possible, the just resolution of legal problems. This construction must be based on a proper understanding of the principles of legal argumentation and the critical application of various legal argumentation techniques.

This specialization program aims to help participants understand the various theoretical and dogmatic components of legal argumentation, as well as train them in its practical application when solving legal problems. These two components will be addressed from the main areas of public law: constitutional, criminal, administrative, and international law.

 

Methodology

This specialization course will be developed through the transmission of a critical understanding of the main elements of legal argumentation, which will then be applied to solving specific legal problems presented through practical cases in the constitutional, criminal, administrative, and international law fields. The theoretical component is especially relevant for equipping legal practitioners with the necessary skills to justify just decisions in specific cases. Therefore, it is essential that participants complete the assigned readings and work through the cases provided for each session responsibly and in advance. This is a prerequisite for successfully completing the course.