DDRO 25A24 - Comparative Introduction to Legal Reasoning (A)

The course aims at familiarizing students to the diversity of forms of legal reasoning. It will revolve around different understandings of legal reasoning as provided by several cultural, social and political viewpoints. Studying legal reasoning from the point of view of the Common Lawyer or a French lawyer sheds light on peculiar aspects of legal argumentation while overlooking others. The course will consist in discussing legal reasoning from such cultural viewpoints. It will also reconstruct and critically engage with the points of view of the activist, the policymaker, the artist and others. The mock trial which will take place at the end of the course will give students the opportunity to reflect on their own viewpoint on legal reasoning.
Louis HILL
Séminaire
English
Autumn 2023-2024
Classroom debate: essay and presentation (25%) Case Report 1 (25%) Case Report 2 (25%) MOOT (25%)
Kennedy, Form and Substance in Private Law Adjudication, Harvard Law Review, Vol. 88, 1976, p. 1685-1778.
Lasser, Judicial (Self-)Portraits: Judicial Discourse in the French Legal System, The Yale Law Journal, Vol. 104, No. 6, 1995, pp. 1325-1410
Boyd White, Justice as Translation, University of Chicago Press, Chicago, 1990.
Kennedy, Form and Substance in Private Law Adjudication, Harvard Law Review, Vol. 88, 1976, p. 1685-1778.
Lasser, Judicial (Self-)Portraits: Judicial Discourse in the French Legal System, The Yale Law Journal, Vol. 104, No. 6, 1995, pp. 1325-1410