Introduction to law

5 ECTS / Semestral / Português

Objectives and method

The student should be able to:
(i) explain nature and objectives of Law, its cultural nature, the connection to the essential values of each society and its institutional expression;
(ii) explain the transition from jus-naturalism to positivism and the latter overcoming in the 20th century;
(iii) understand the nature and function of the statute as a mediator between concrete conflicts of interest and an idea of Justice
(iv) recognize the sources of Law and its meaning
(v) understand how conflicts are solved through statutes, with reference to interpretation and integration of gaps.

Framework classes, which aim to help students to learn the legal language and understand the legal speech; exercises and cases, which help students to learn how to solve problems, using the interpretation and application of statutes by adopting correct methodological procedures.

The theoretical-practical classes will be composed of background lectures, which aim to help students to learn legal language, legal thinking and to understand legal speech, and practical lectures with exercises and case studies, which aim to teach students how to solve problems by applying rules, distinguishing the phase of understanding the facts, choosing the applicable rule and inferring the respective legal consequences, understanding the interrelationship between all these stages, the articulation of the resolution of the case, reasoning by analogy and legal argumentation, always having in mind the methodological procedures linked to the interpretation and integration of the law.

 

Syllabus

Part I - Introduction. Approaching an idea of Law.
Part II - From Jus-Naturalism to Positivism. The overcoming of positivism and the doctrines of the 20th century.
Part III - The statute. Concept, structure and characteristics. The legal fact, the legal situation and the legal relationship. Reference to the main types of statutes and legislative techniques.
Part IV - The protection of the Law.
Part V - Sources of Law. The problem and the possible solutions.
Part VI - The fundamental methodological issues: the application/interpretation of the law and the integration of gaps.
Part VII - Reference to the application of the law in time and space.

Faculty

Invited Professor
Licenciado em Direito pela Escola de Direito da Universidade Católica Portuguesa, em 1985. Mestre em Direito pela Faculdade de Direito da…