ISMAT 3597

Philosophy of Law

• ApresentaçãoPresentation

  The Philosophy of Law course aims to provide a critical reflection on the foundations, concepts and essential problems of Law, going beyond an exclusively doctrinal understanding of the legal phenomenon. It addresses issues concerning the definition, validity, legitimacy and justice of Law, as well as power, freedom, responsibility, dignity, equality and property. Classical problems are related to contemporary legal challenges, promoting students' ability to question, justify and argue about Law. The course therefore contributes to the critical and autonomous education of future legal professionals.
• ProgramaProgramme

  Do We Need Law? Philosophy of Law and critical thinking. The Purpose of Philosophy of Law. Law and other normative orders. Law and Justice. Obedience to Law. Law, State and Legislation. Personhood, dignity and self-determination. Power, authority, legitimacy and democracy. Freedom, determinism and responsibility. Justice. Freedom of expression and its limits. Property, freedom, equality and justice.
• ObjectivosObjectives

  By the end of the course, students should be able to: a) understand the main problems, concepts and schools of Philosophy of Law; b) distinguish different approaches to the relationships between Law, Morality, Justice, power, authority and legitimacy; c) critically examine concepts of validity, effectiveness and legitimacy of Law; d) analyse issues concerning personhood, dignity, freedom, self-determination, responsibility, equality and property; e) apply philosophical and legal concepts to concrete legal problems; f) formulate, justify and defend their own positions while engaging with opposing arguments; g) develop critical thinking and autonomous argumentation.
• BibliografiaBibliography

  Lamego, J. (2021). Filosofia do Direito. Coimbra: Almedina. Kelsen, H. (2019). Teoria Pura do Direito. Coimbra: Arménio Amado. Hart, H. L. A. (2007). O Conceito de Direito. Lisboa: Fundação Calouste Gulbenkian. Rawls, J. (2014). Uma Teoria da Justiça. Lisboa: Editorial Presença. Kaufmann, A. (2015). Filosofia do Direito. Lisboa: Fundação Calouste Gulbenkian.  
• MetodologiaMethodology

  The course adopts a predominantly Socratic, problem-based and participatory methodology, combining dialogical teaching with critical analysis of texts, problem cases, structured debates and collaborative work. Topics are introduced through philosophical and legal questions, encouraging students to formulate problems, confront arguments and justify their own positions. When appropriate, contemporary legal issues and generative AI tools are used as learning and critical analysis instruments, promoting autonomy, digital literacy and information verification.
• LínguaLanguage

  Português
• TipoType

  Semestral
• ECTS

  5
• NaturezaNature

  Mandatory
• EstágioInternship

  Não