Class Legal Methodology

The curricular unit concerns one of the main arenas concerning metadogmatic discourse, a reflexive arena that no juridically relevant legal education should neglect: its problem is actually the concrete performance of law and the methodological reflexive approach which this demands, focused on judge's modus operandi 

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I) Introduction. The problem of Legal Methodology as a critical reflection on jurisdictional adjudication. The contemporary legal thinking and the claim and urgency of a juridically methodological approach. II) The question about the type of rationality and the plurality of reasons. Three different perspectives (normativism or formalism, pragmatic functionalism and jurisprudentialism) and their paradigms (application, decision, judgement). III) The Legal Method: the 19th century?s answer and the possibility of reinventing today the correlative question. Does the so-called ?standard theory of argumentation? fulfils the conditions which would allow a positive answer? IV) The jurisprudentialist proposal and its methodic model.  

Knowledge Cafe sessions to discuss specific controversial topics Colective analysis and discussion of exemplary adjudicative decisions.  Teaching is here always based on case analysis.

NEVES, A, Castanheira (1993), Metodologia Jurídica. Problemas Fundamentais, Coimbra, Coimbra Editora BRONZE, Fernando J. (2020), Metodologia do Direito, Coimbra: Imprensa da Universidade de Coimbra