2023

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 uc is autonomous but also provides basic knowledge’s for other disciplines. There’s a double perspective: Law as a problem and Law as a system. Under the first perspective, the 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. The second perspective is dedicated to the description and the analysis of how the juridical system arises and it’s 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, to organize itself in order to fulfil these tasks and to resolve its possible gaps. Under this perspective the understanding of the models and techniques of the interpretation of legal texts and of the overcome of legal gaps plays an important role.

Contents

I. CONCEPT OF LAW
1. Law as a normative framework and social reality; 2. Law and Morality; 3. Positive Law and natural Law; other meanings of the word Law; 4. The Law and the State. Law, coercion and legal punishment; 5. Law, Justice and Security; 6. The legal relationship: concept and detailed analysis of its elements.
II. THE SCIENCE OF LAW
7. The sources of the Law: a) concept, enumeration and explanation; b) functioning and respective importance; 8. The legal rule: notion, structure, characteristics and species; 9. The legal system: a) Public Law and Private Law: distinction (virtues and defects); b) The main branches of the Law; 10. 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. 11. Overcome of legal gaps: a) General notions; b) Understanding of the meaning and scope of articles 8, 10 and 11 of the Civil Code.

Teaching Methods

According to the nature and function of theoretical classes, the contents this unit syllabus will be subject to oral presentation. 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. The assessment in this curricular unit will obey to one of two schemes chose by the students: a) Continuous assessment: two written tests during the academic period; b) Assessment by final examination: oral test to be performed before a jury.

Teaching Staff

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