Teoria do Direito
Código
DD111
Departamento
Área de Ensino
Créditos
10
Horas semanais
2
Objectivos
1. To help students gather the skills to discuss some of the main contemporary theories of jurisprudence.
2. To contribute to each student's methodological options in his/her PhD research project.
Conteúdo
The Validity of Law
The body of literature on legal validity is myriad and growing. More than simply synonymous with the idea of legitimacy, validity is mostly the specific characteristic of a normative frame of reference which determines it as positive law. That which makes the problem of legal validity the main problem of legal theory is the difficulty in identifying such a specific characteristic (or essential property). A validity test is nothing more than the analysis of a given normative frame of reference in the light of the criteria that constitute this specific characteristic. And the establishment of different criteria is precisely what still justifies the distinction between natural law theories and legal positivism in contemporary jurisprudence. These seminars intend to offer students the possibilidty of discussing some of the main theories of contemporary jurisprudence, such as those present in the works of Finnis, Kelsen, Hart, Dworkin, and Raz; their purpose is to contribute to each student's methodological reflection on his/her chose field of research.
Bibliografia
Campos, André Santos (2013). Glosas Abertas de Filosofia do Direito. Lisbon: Quid Juris.
Kelsen, Hans (1960). Reine Rechtslehre, 2nd edition. Verlag Österreich GmbH.
Hart, H. L. A. (1994). The Concept of Law, 2nd edition. Oxford: Clarendon Press.
Dworkin, Ronald (1986). Law's Empire. Cambridge: Hart Publishing.
Raz, Joseph (2009). Between Authority and Interpretation. On the Theory of Law and Practical Reason. Oxford: Oxford University Press.
Método de ensino
Discussion of essays on the chosen topic.
Método de avaliação
Evaluation is based upon the quality of the written assignments (essays) on topics discussed suring the sessions, as well as upon individual oral presentations.