2024
Introduction to Law
Name: Introduction to Law
Code: ECN13108L
6 ECTS
Duration: 15 weeks/156 hours
Scientific Area:
Legal-Political Theory and International Relations
Teaching languages: Portuguese
Languages of tutoring support: Portuguese, English
Regime de Frequência: Presencial
Sustainable Development Goals
Learning Goals
This discipline serves a global citizenship profile giving knowledge of comparative law, thought of in the conjecture of a History of the Future. This discipline provides basic knowledge for other disciplines. Double perspective: Law as a problem and Law as a system. 1 | Basic concepts and elementary notions of Law and their meaning and purposes, as well as the major distinctions and constraints that allow the autonomous human-cultural phenomenon. 2 | Description and analysis of how the juridical system arises and it is organised, operates and responds to the problems it is expected to solve. The issue is to know and understand the sources of the legal rules and the mechanisms used to avoid and settle conflicts of interests and to promote the inter-human cooperation, understanding the models and techniques of interpretation of legal texts.
Contents
I. CONCEPT OF LAW: 1. Law as a normative framework and social reality; 2. Law and Morality; 3. Positive and natural Law; other meanings 4. Law and State; State and States; the state of the States: dilutions. 5. Law, coercion and legal punishment; 6. Law, Justice and Security; 7. The legal relationship: concept and analysis of its elements. 8 . Legal systems and orders (convergences)
II. THE SCIENCE OF LAW: 9. The sources of the Law: a) concept, enumeration and explanation; b) functioning and respective importance; 10. The legal rule: notion, structure, characteristics and species; 11. The legal system: a) Public Law and Private Law: distinction (virtues and defects); b) The main branches of the Law; 12. The interpretation of the law: a) General Theory; b) The elements of the interpretation; c) The species of the interpretation: by source and value, by purpose and result; d) Article 9 of the Civil Code. 13. Overcome of legal gaps. Comparative Law and Hermeneutics.
II. THE SCIENCE OF LAW: 9. The sources of the Law: a) concept, enumeration and explanation; b) functioning and respective importance; 10. The legal rule: notion, structure, characteristics and species; 11. The legal system: a) Public Law and Private Law: distinction (virtues and defects); b) The main branches of the Law; 12. The interpretation of the law: a) General Theory; b) The elements of the interpretation; c) The species of the interpretation: by source and value, by purpose and result; d) Article 9 of the Civil Code. 13. Overcome of legal gaps. Comparative Law and Hermeneutics.
Teaching Methods
According to the nature and function of theoretical classes, the contents this unit syllabus will be subject to oral presentation and debate. However, students are constantly encouraged to intervene, whether to put doubts or to express their points of view. In addition, to the possible extent, there is a constant concern to link theory to practice, showing the real interest of the issues studied, and to instil in the students the critical spirit in the analysis of the problems under study. In order to improve the functioning of the teaching sessions, it is strongly suggested to the students the methodical study of the matters since the beginning of the semester, preferably before the teaching sessions in which they will be treated. Teaching is a good way to learn; learn to learn.
Assessment
Rating:
Normal season: option.
a) Continuous assessment: up to 2 tests during lessons and random inquiries in class. Additional mandatory separate assessments may occur to certify knowledge (cf. § 6 below);
b) Final: oral test before a jury.
Classification: the average of the classifications obtained, taking into account individual interventions recorded in the classroom. However, a classification equal to or lower than seven points in a written test implies failure (note: the lowest score obtained will be considered).
3. Exam: classification of the oral exam.
4. Examination during appeal, special and/or extraordinary: oral before a jury.
5. In all assessment regimes: insufficient knowledge of matters about interpretation of the law implies failure.
6. Effective attendance in classes: 75% of all classes. Students may be asked about the matter included in the advance summaries attached to the course program.
Normal season: option.
a) Continuous assessment: up to 2 tests during lessons and random inquiries in class. Additional mandatory separate assessments may occur to certify knowledge (cf. § 6 below);
b) Final: oral test before a jury.
Classification: the average of the classifications obtained, taking into account individual interventions recorded in the classroom. However, a classification equal to or lower than seven points in a written test implies failure (note: the lowest score obtained will be considered).
3. Exam: classification of the oral exam.
4. Examination during appeal, special and/or extraordinary: oral before a jury.
5. In all assessment regimes: insufficient knowledge of matters about interpretation of the law implies failure.
6. Effective attendance in classes: 75% of all classes. Students may be asked about the matter included in the advance summaries attached to the course program.
Teaching Staff
- João Eduardo Vaz Resende Rodrigues [responsible]
Certificações
