Basic course: Logic, argumentation, and legal reason
The first part of the class (seven days) is the basic course: “Logic, argumentation, and legal reason.” This basic course offers a detailed presentation of propositional and predicate deductive logic, as well as the use of logic for capturing representing deontic and Hohfeldian modalities, analogical reasoning and inference to the best explanation. It also presents some aspects of non-deductive reasoning in law, such as defeasible reasoning, including argumentation schemes and inductive reasoning. Throughout the course we pay careful attention to the way in which these methods of argument can assist legal analysis. We believe that the kind of background in formal logic we offer in this course can be a very powerful tool for use in legal theory, for developing doctrinal legal research, for working in legal informatics (the application of computer programs to the analysis of law), and, more generally, for the practice of law.
Special course: Logic, argumentation and the law of evidence
The second part of the course (three days) is a special course: “Logic, argumentation and the law of evidence.” In this part of the course we focus on the methods of argument and reasoning that are specific to doctrines of Evidence law, both in European jurisdictions and in the United States. It includes: comparison of doctrines of evidence law in European jurisdiction and the United States, a detailed explanation of Bayesian reasoning and its application to evidentiary reasoning, evidence and argumentation theory, presumptions, burdens of proof and burdens of production, concepts of relevance in the law of evidence, the logic and epistemology of testimony, and modes of logical inference, causality, and scientific evidence in evidence law.
The Summer School is jointly hosted by the European University Institute (Florence, Italy) and the Harvard Law School (Cambridge, Mass., U.S.A.). It is also sponsored by the Cardozo Law School (New York, N.Y., U.S.A.), Cirsfid-University of Bologna (Italy), the University of Groningen (the Netherlands), the European Academy of Legal Theory, and a grant from the Erasmus Lifelong Learning Programme.
The professors of the Summer School:
Scott Brewer, Henry Prakken, Nino Rotolo, Bartosz Brozek, Giovanni Sartor, Michele Taruffo, Peter Tillers