Philosophy of Law and the State
Code
722031047
Academic unit
Faculdade de Ciências Sociais e Humanas
Department
Filosofia
Credits
10
Teacher in charge
Diogo Pires Aurélio
Weekly hours
3 letivas + 1 tutorial
Teaching language
Portuguese
Objectives
1 To understand the nature of the law and the structure of the juridical reasoning, as well as the specificity of a philosophical approach to juridical problems and related notions, like norm, punishment and state as a source of norms.
2 To know the main currents in Philosophy of Law
3 To be able to critically weigh the legitimacy of the norms, in the light of a reflection on justice, both in its essence and in its positive expressions
Prerequisites
None
Subject matter
The min subject of the course is the question of the basis of a juridical order. We will confront the positivistic version with the limits which have been commonly stressed in it, mainly the problem risen by the idea of subjective rights, previous to any juridico-political order, as they appear in Human Rights Declarations.
Bibliography
KELSEN, Hans, General Theory of Law & State
SCHMITT, Carl, Politische Theologie (1922),
SIEYES, Emmanuel, Joseph, Qu est-ce que le Tiers-État (1789)
Leo, Natural Right and History
BOBBIO, Norberto, Il positivismo giuridico,
Teaching method
Presentation of subjects, analysis and comment of texts, debate of themes and papers by the students with teacher supervision.
Evaluation method
Regular attendance and participation in classes. Elaboration of an individual paper (15-20 pp.) whose subject and plan have to be previously approved by the teacher.