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

ÉTICA - 2021/2022

1º curricular year
Semestralidade: 1st semester
ECTS: 3

Teachers

Leading Teacher: Prof. Doutor Fausto Ferreira
Assistant Professor: Prof. Doutor Fausto Ferreira

Class type and School hours

Teórico-prática : 2 Horas

Teaching Language

Portuguese

Main Aims/Objectives

General objectives of this discipline:
A) To understand the meaning of "ETHICS" in the light of current times, framing this understanding with the knowledge of the various doctrines that since ancient Greece have been developing on the subject.
B) To perceive and question the link between the meaning of ETHICS and the understanding of MORALS.
C) To understand the intrinsic link between the meaning of ETHICS and the conception of JUSTICE and the conception of LAW.

Specific Aims/Objectives

To contribute for:
a) an integral formation of future jurists, comprising in this formation the transmission of humanistic values essential to the defense of Justice.
b) A clear perception of the understanding of the meaning of Justice.
c) A distinctive understanding between natural law and positive law.
d) An understanding of the relationship between law and ethics.

Skills to be acquired

- Capacity of reflection on the direction of Justice
- Perception of the Right while object of Justice
- Distinction enters the concepts of natural law, statutory law, law joust and unjust law
- Understanding of the importance of the deontology, in the definition and the fulfilment of the professional objectivs

Teaching Procedures

The education of this disciplines understands:
Theoretician-Practical lessons, for the transmission of contents and exemplificação of related concrete situations with these contents.

Programme

I
An understanding of ETHICS throughout the ages
1. A first idea about the siginified ethics
2. The link and distinction between ethics, morals and deontology: Essential notions.
3. Philosophical and theological thinking about ethics (some theories):
3.1. The doctrine of Plato.
3.2. The practical science of the good, according to Aristotle.
3.3. The stoic school and the defense of ethical behaviour as a manifestation of reason.
3.4. The Epicurist school and the support of pleasure (a preview of utilitarian thought).
3.5. Ethics in the framework of Christian thought.
3.5. The Kantian ethics.
3.6. The ethical conduct and the human virtues, in the thought of Adam Smith.
3.7. The ethics in the thought of John Stuart Mill.
4. Ethics and cultural and normative relativism:
4.1. Freedom and limits (or their absence) to individual behaviour.
4.2. Ethics and the "fracturing" topics of today.

II
ETHICS and JUSTICE
1. A preliminary approach to the concept of "Justo".
2. Justice in the thought of Aristotle.
3. Justice in the thought of Saint Thomas Aquinas.

III
ETHICS and LAW

1. Ethics as an axiological premise of law and law as a defining ethical behavior (introductory notions).
2. The validity of the law in relation to its legal basis and its content.
3. Natural law and positive law:
3.1. The question of legitimacy and legality (the Ethical foundation of Laws).
3.2. Aristotle and the Natural law.
3.3. Kelsen and legal positivism.

IV
ETHICS and the deontological Code of Lawyers
1. Professional deontology: An assumption and practical translation of ethical behavior?
2. Essential aspects of lawyers ´ deontology.

Evaluation Type

Continuous assessment follows the parameters of existing legislation and may be modified according to changes in that legislation and the guidelines of the University.


Continuous assessment will depend on the positive contribution of the following:
1. presence and active participation in class;
2. carrying out two tests of continuous assessment;
3. elaboration of a practical case study to present and discuss in class.

Teaching Resources

Handouts provided by the teacher, scientific articles;
Case study;
Guidelines in order to carry out practical work.
Power Point documents.

Sustainability Objectives

Keywords

Ethics;
Law;
Deontology;
Professional regulation.

Main Bibliography

Complementary Bibliography