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Presentation
Presentation
The curricular unit has as its object the problematic of the judicial and decision-making realization of the law.
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Class from course
Class from course
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Degree | Semesters | ECTS
Degree | Semesters | ECTS
Doctorate | Semestral | 7.5
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Year | Nature | Language
Year | Nature | Language
1 | Mandatory | Português
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Code
Code
ULHT6231-22757
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Prerequisites and corequisites
Prerequisites and corequisites
Not applicable
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Professional Internship
Professional Internship
Não
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Syllabus
Syllabus
I. The methodological algorithm: The dialectic of the judging case and the (constituted and / or constituting) fundamental system; analysis of the two mentioned poles. Thematization of analogical inference. An exemplary question. The basic structure of the methodological algorithm. II. The constitutional problem posed by the judicial decision: the legitimation of the decision segment, and the legitimation of the judgment segment. III. Examples of some (more or less) recent challenges that will not fail to be faced - The replacement of a democratic rule of law by a state of oligarchic judges: a false alternative rooted in the misconceptions underlying a poorly defined problem of legal interpretation. - The temptation of artificial intelligence: the epitaph of thought?
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Objectives
Objectives
In line with the discipline of Methodology and Analysis of Law I, here it is also a question of sensitizing Students to the crucial importance of the judicial and decision-making realization of law. In a first moment, they will be provided with the thematic nuclei of the discipline, as the Professor in charge of conducting also understands. Subsequently, the Students will be encouraged to undertake small research exercises in this area - whenever possible, in line with the legal-dogmatic concerns cultivated by each one.
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Teaching methodologies and assessment
Teaching methodologies and assessment
N/A
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References
References
A. CASTANHEIRA NEVES, Metodologia Jurídica. Problemas fundamentais, Coimbra: Coimbra Editora, 1993. Fernando José BRONZE, Metodologia do Direito, Coimbra: Imprensa da Universidade de Coimbra, 2020.
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Office Hours
Office Hours
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Mobility
Mobility
No
