Class Methodology and Analysis of Law I

The curricular unit has as its object the problematic of the judicial-decision-making of the law

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I. Introduction The assumptions of intelligibility, or the understanding of the right underlying the proposed exercise. The object of the law methodology - the rationalized judicial-decision making of the current legal norms. II. Methodological-legal rationality. Main modalities. The nomatic and noetic dimensions of the proposed (specific) rationality. III. Examples of some (more or less) recent challenges that will not fail to be faced: - In the 200 years of the Liberal Revolution - what we keep from it, what separates us from it, and the respective methodological corollaries: - Thought, tout court, and legal thinking methodologically compromised - the referent as the determining instance of the distinction. - The drift of functionalisms (political, economic, social) - the fallacy of a new age utilitarianism. The appeal of consequentialism - the difference between teleotechnology and teleonomology.

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A. CASTANHEIRA NEVES, 1993. Metodologia Jurídica. Problemas fundamentais, FERNANDO JOSÉ BRONZE, Metodologia do Direito Coimbra: Coimbra Editora, , Coimbra: Imprensa da Universidade de Coimbra, 2020