Introduction to Law and Legal Thought
Objectives
Available soon
General characterization
Code
271350
Credits
8
Responsible teacher
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Hours
Weekly - Available soon
Total - 224
Teaching language
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Prerequisites
Available soon
Bibliography
There is no single book adopted as a main study text. Throughout the semester there are recommended readings for the different points on the syllabus; readings may vary between groups (A and B). We list below only some of the recommended items: character limits do not let us to list them all. The full bibliographicak indications are given to students on the unit's Moodle page.
- M. Nogueira de Brito, Introdução ao Estudo do Direito (AAFDL 2022).
- P. Múrias, “Coacção em Sentido Amplo”, in Liber Amicorum de José de Sousa e Brito (Almedina 2009).
- L Duarte d’Almeida, “Fundamental Legal Concepts” (2016) 11:20 Philosophy Compass 554-569.
- P. Múrias, “Direitos” in Dicionário de Filosofia Moral e Política (2020) http://www.dicionariofmp-ifilnova.pt/direitos
- L Duarte d’Almeida, “On the Legal Syllogism”, in D. Plunkett, S. Shapiro e K. Toh (eds.), Legal Norms, Ethical Norms (OUP 2019).
- L Duarte d’Almeida, “What is it to Apply the Law?”, Law and Philosophy 40 (2021) 361-386.
Teaching method
Theoretical-practical classes with strong and constant student participation, namely through discussions of pre-set readings, debates of current topics, analysis of judicial decisions, and solving practical legal problems.
Evaluation method
Mandatory final written exam. Optional continuous assessment throughout the semester, consisting of one or more exercises or assignments and oral participation in the classroom. The continuous assessment grade counts 50% towards the final grade if it is higher than the final exam grade. If the final exam grade is higher, it prevails.
Subject matter
The concept and goals of law: an approximation; law as a normative order and its relationship with other normative orders; the science of law and its relationship with other sciences.
Fundamental legal concepts: duty, claim-right, permission (liberty), power, competence, sanction.
The sources of law, their hierarchy, and how they interrelate.
The organisation of the legal system: the Public Law/Private Law division, and the main branches of law.
Law and coercion; heteronomous vs autonomous protection of legal rights and interests; aspects of how the judicial system is organised; modes of alternative dispute resolution.