Cursos / 1º Ciclo / Faculty of Law :: Law

LÓGICA E ARGUMENTAÇÃO JURÍDICAS - 2016/2017

4º curricular year
Semestralidade: 2nd semester
ECTS: 3

Teachers

Leading Teacher: Prof. Doutor Daniel Tavares
Assistant Professor: Prof. Doutor Daniel Tavares

Class type and School hours

Teórico-prática : 2 Horas

Teaching Language

Portuguese

Main Aims/Objectives

Sensitize students to the importance of the study of logic and legal reasoning to the Law and the legal professions in general

Specific Aims/Objectives

Contact with the principal rules of legal logic, relating them to the evolution of legal thought, with the legal argumentation, persuasion, evidence and sentence, the judicial and particularly judges behavior.

Skills to be acquired

Using the knowledge acquired in other legal areas, we intend to foment in the student the capacity of, in carrying out various legal activities, develop an argument appropriate to the purposes in view, in order to favorably impress an audience, captivating their adherence to the theses wich are defended.
In particular, it is intended that the future jurist develops the ability to form a convincement in the interlocutors, in particular judges.

Teaching Procedures

Theoretical and practical exposure with any audio-visual support. (power point)
Oral interventions for students.
Indication of other appropriate readings for each topic, beyond the obligatory and complementary bibliography constant in the program

Programme

INTRODUCTION
PART I - LEGAL LOGIC
1. Logic
1.1. Notion
1.2. Evolution
1.3. Phases and internal and external planes of human thought
1.4. Formal logic and material logic
1.5. Deductive logic and inductive logic

2. Legal logic
2.1. Notion
2.2. Logic and creation of law
2.3. Logic and identification of law
2.4. Logic and application of law

PART II - LEGAL ARGUMENT
1. Nature of legal argumentation
2. Argumentation and theories of legal thinking
3. Persuasion, orator and audience

4. Proceedings of argumentation
4.1. Invention
4.2. Disposition
4.3. Elocution
4.4. Memory
4.5. Action

5. Requirements argumentative narration
5.1. Systematicity
5.2. Segmentation
5.3. Sinteticidade
5.4. Clearness
5.5. Rhythm
5.6. Verisimilitude
5.7. Personalization
5.8. Style

6. Categories of legal arguments
6.1. Law
6.2. Facts
6.3. Evaluative
6.4. Emotive
6.5. Legitimating
6.6. Personalist
6..7 Autority
6.8 Figurative

PART III - LEGAL LOGIC AND LEGAL ARGUMENT
1. Truth and persuasion
2. Falsehood and Law

PART IV - LOGIC AND ARGUMENT OF JUDICIAL
1. Forensic strategy
2. Topical
3. Formation of judicial convincement
4. Justification of sentence

Evaluation Type

Two obligatory written tests.
One oral presentation.
Valluation of interest and shown diligence and capacity of oral and written expression.
Attendance.

Teaching Resources

Recommended books
Consultation of monographs and articles in the libraries of Lusíada Universities and others, as well as research in the internet of bibliography and documents.
Possible use of video projector and power point slide show to put on Moodle

Sustainability Objectives

Keywords

Logic
Argumentation
Audience
Narrative
Persuasion
Decision

Main Bibliography

Complementary Bibliography