Methodology of Legal Research
Code
MM134
Department
Área de Ensino
Credits
8
Teacher in charge
Vítor Neves
Weekly hours
4.5
Teaching language
Português
Objectives
This course aims at preparing the students for the task of legal research.
Its first part is dedicated to the problem of the concept of legal science, confronting its specificities with the concept of science, as well as to the methodology of law. The second part is constructed as a practical guide to the several tasks which compose the path of legal research, since the choice of the field of study and the theme to the writing of the dissertation, including its planning, searching for information, organisation and treatment of the data and presentation of the scientific results of the investigation.
It will be taken into account the relevant role performed by the news technologies of information, which can be seen both as an advantage to the scientific researchers, because of the amount of information to which they can access and use, and as a difficulty since it becomes harder and more complex to manage and adequately treat the gathered data.
Subject matter
The following themes will be taught: the legal sciences and the comparative approach with other sciences; core lines of legal methodology; choosing of the dissertation’s theme; search of literature, court decisions and legislation (either national either foreign and international); use of information technologies; available research units; helping research tools; organization of the elements of the research; bibliography and citations; dissertation’s supervision; dissertation’s plan and redaction; use of court decisions; use of foreign laws and comparative approach.
Bibliography
- Cohen, Morris L., Olson, Kent C. – Legal research in a nutshell, 6.ª ed., St. Paul, West Publishing, 1996;
- Eco, Umberto – Como se faz uma tese em ciências humanas, tradução do original (1977) por Ana Falcão Bastos e Luís Leitão, 7.ª ed., Lisboa, Presença, 1998;
- Holborn, Guy – Butterworths legal research guide, London, Butterworths, 1993;
- Kaufmann, Arthur, Hassemer, Winfried (org.) – Introdução à filosofia do direito e à teoria do direito contemporâneas, tradução do original (1994) por Marcos Keel e Manuel Seca de Oliveira, Lisboa, 2002;
- Larenz, Karl – Metodologia da ciência do direito, tradução do original por José Lamego, 3.ª ed., Lisboa, Fundação Calouste Gulbenkian, 1997;
- Meirim, José Manuel – Como pesquisar e referir em Direito, Coimbra, Coimbra Editora, 2008;
- Quivy, Raymond, Van Campenhoudt, Luc – Manual de investigação em ciências sociais, trad. do original por João Minhoto Marques, Maria Amália Mendes e Maria Carvalho, 2.ª ed., Lisboa, Gradiva, 1998.
Teaching method
Due to the nature of the topics which integrate the program, the classes will be based on the establishment of a debate with and among the students, with no clear distinction between theoretical and practical classes. The discussion of certain subjects, headed by groups of students and oriented by the teachers, will be based in the reading and interpretation of adequate literature, which will be previously indicated to the students. Some of the themes will be examined following a presentation made by an invited scholar or practitioner, with relevant knowledge and/or experience in the field. The students will be invited to register by writing the essential conclusions of those seminars, which will be communicated to their colleagues and hopefully function as a set of guidelines to their future investigation. The presentation of works made by the students, based on a plan previously submitted to the teachers, will also be encouraged.
Evaluation method
Final written examination. The interventions of students in class will also be taken into account when assessing the final grade.