Philosophy of Law
Code
711031068
Academic unit
Faculdade de Ciências Sociais e Humanas
Department
Filosofia
Credits
6
Weekly hours
4
Teaching language
Portuguese
Objectives
1. Knowledge of the nature of law, as well as the specificity of a philosophical approach to legal questions and the notions that are associated to them, like norm, punishment and state as a source of norms.
2. Knowledge of the main currents in the Philosophy of Law
3. Ability to critically weigh the legitimacy of the norms in the light of a reflexion on justice, both in its essence and its positive translation.
Prerequisites
None.
Subject matter
1. The theories of justice in antiquity and nowadays
2. Natural law and positive law
3. Ontic structure of the law
4. The relationship between law and state
5. The nature of the international law
Bibliography
Campos, A. S. (2013). Glosas Abertas de Filosofia do Direito. Lisboa: Quid Juris.
Hart, H. L. A. (1986). The concept of Law. Trad. O Conceito de Direito. Lisboa: Fundação Calouste Gulbenkian.
Kant, I. (2005). Die Metaphysic der Sitten. Trad. A Metafísica dos Costumes. Lisboa: Fundação Calouste Gulbenkian.
Kaufmann, A. (2004). Rechtphilosophie. Trad. Filosofia do Direito. Lisboa: Fundação Calouste Gulbenkian.
Troper, M. (2008). La philosophie du droit. Trad. A filosofia do direito. São Paulo: Martins Fontes.
Teaching method
Two main activities are developed in the course, the one in the first hour of the class, the other in the second one. During the first hour, an explanation of theoretical contents is delivered and followed by questions and a wide debate on the previously presented issues. In the second part of the class, there is room for reading, interpretation and analysis of the texts on which the presented contents were based.
Evaluation method
The evaluation is individual, through two written tests: one in the middle of the semester (25%), the other in the end (75%). Moreover, the students will be encouraged to write small papers, supervised by and discussed with the lecturer that could matter for improving the mark.