Introduction to Law I

Presentation

The approach developed in Introduction to Law I aims for a balance between an introductory intention (so that it may be possible a rigorous conceptual and dogmatic clarification of different legal problems, in different legal territories) and a critical-reflective internal intent (so that it may be possible to discuss, even though perfunctorily, Law¿ s civilisational-cultural project and its specific autonomy).

Programme

Law

Level of Qualification|Semesters|ECTS

| Semestral | 7

Year | Type of course unit | Language

1 |Mandatory |Português

Code

ULP288-6909

Recommended complementary curricular units

Unspecified. It is an introductory curricular unit.

Professional Internship

Não

Syllabus

Law as a dimension to our practice: the problem of its civilisational meaning Chapter I / The global significance of Law' s 'human project' The immediate experience of concrete controversy: a perfunctory approach of its communicative context and correlate (the analytical reconstruction of the legal order). Chapter II / The specific significance (meaning) of Law reconstituted in a critical dialogue with normativistic legal positivism and with the challenges and possibilities of post-positivism. 1. The immense pre-modern «arch». 2. The cultural context of Modernity and Enlightenment and the determinants of legal normativism. 3. Characterizing normativistic legal positivism.. 4. A first approach to post-postivistic universe as a new anthropological conception and normative experience related to a contemporary understanding of Law's specific meaning. 5. Law as a form or way of life (the challenges of a certain homo humanus ' s specific community).

Objectives

The aim is to provide the adequate conditions to a first reflexive consideration of the problem of Law in our time and the demands of autonomy that distinguish juridicalness . Those conditions include an identification of Law' s cultural project and a very special attention to the corresponding practical world (as a dimension of our practice), also involving a first explanation (dogmatically experienced and projected, as rigorously as possible) and a brief historical reconstruction of the indispensable categories of intelligibility.

Teaching methodologies and assessment

Systematic exposition of themes, accompanied readings, classroom discussion of work proposals included in the class materials (developed summaries), presentation of exemplar problems, an attempt to mobilize the developed summaries as an incentive to an autonomous reflection (avoiding that they may be used as a resource to uncritical memorization). Beyond the possibility of exam, the evaluation is a continuous one, involving 2/3 of presences and two written tests [50%+50%].

References

LINHARES, José Manuel Aroso (2009)- S umários desenvolvidos de Introdução ao Direito, Coimbra , polic., pp. 1-86.

NEVES, António Castanheira, Colectânea de textos de Introdução ao Estudo do Direito (textos reunidos sob a designação genérica Curso de Introdução ao Estudo do Direito ), Coimbra, policopiado, s/ data

NEVES, António Castanheira (1972) , Curso de Introdução ao Estudo do Direito (extractos) , Coimbra, polic.

BRONZE, Fernando José (2006), Lições de Introdução ao Direito , 2ª edição, Coimbra Editora, 2006 (pp. a indicar nos Sumários desenvolvidos ).

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