Class Philosophy of Law and Judicial Methodology I

  • Presentation


    The study of the philosophy of law is an essential element for a good jurist to have a global understanding of law.

  • Code


  • Syllabus



    Main themes:
    I. The question about the Law
     § 1. What makes us adopt obedience to norms
     § 2. The problem of obedience to Law
     § 3. The problem of obedience to legislation
    II. The answer to the question
     § 4. The unraveling of the history of doctrines that over centuries have tried to respond
     § 5. A possible answer of our time
    III. The law: its meaning and its limits
     § 6. The free space of Law
     § 7. Thinking reasoning
     § 8. Thought reasoning
     § 9. How we reason the Law
     § 10. Law as a category of thought
    IV. Analytical philosophy and Law
     § 11. The Aristotelian logic
     § 12. The comprehensive logic
     § 13. The elements: norms, principles, rules in strict sense and axioms
    V. The onto-anthropological foundation of Law
     § 14. The regional ontology
     § 15. The temporal dimension: temporality


  • Objectives


    The aim of this course is to provide the students with a theoretical instrument that will allow them to work on all the legal "matter" in a critical, in-depth and, nonetheless, less adapted to the requirements of praxis.

  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    lasses throughout the semester will be completed in a seminar environment, as much as possible. Despite this framework, critical reflections on the theme or themes that will be faced by the Students will always be given at the beginning of each class.


    The evaluation will take into account the participation of the Students throughout the semester and also, obviously, it is taken into account, with substantial weight, the evaluation that will be made in function of the class work.


    A continuous assessment test will also be carried out.


    Notwithstanding this, the (optional) participation of the Students, as listeners, in an event (colloquium, seminar, conference, etc.) promoted by Faculty of Law of the Universidade Lusófona, provided that it is accompanied by the delivery of a short written report, will be valued up to a limit of 5 % of the total classification. 

  • References


    - José de Faria Costa, Bruno de Oliveira Moura, Filosofia do Direito. Livro Primeiro. Livro Segundo, Âncora Editora, 2021. 

       * Observação: esta obra acabou de ter uma 2ª edição publicada (2022), mas sem alterações de substância. 


    - José de Faria Costa, Cartas a Sofia, 2.ª edição, Âncora Editora, 2022 (fragmentos/capítulos a indicar). 

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