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Research Methodologies in Legal Science 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

By the end of this course, students should be able to:
1. Identify and apply in their academic work the main features and steps of the scientific research process.
2. Identify and describe the main types of scientific reasoning.
3. Interpret legal reasoning through different strategies.
4. Sort and select the different analytical processes used in Legal Science.
5. Identify and apply a solid, coherent speech, logical principles and varied argumentative strategies.

Recommended Prerequisites

None.

Teaching Metodology

In this course, different teaching methods will be used, according to the specificity of knowledge to be transmitted and to be consolidated by the students. In this sense, it will be especially valued the "active learning methodology", which requires the active participation of students in their learning process. Based on the acquired knowledge, students will be asked to develop a state of the art that consolidates and transforms that knowledge into a set of practical exercises of considerable relevance for all their educational and professional career.
In addition, other complementary methods will be used, such as lectures, the Socratic method, the case method and "problem-based learning".

Body of Work

1. Scientific knowledge
1.1. Introduction and epistemology
1.2. Methodology, methods and techniques
1.3. Ethics and academic fraud

2. Scientific written production
2.1. The state of the art
2.2. Summary
2.3. The structure of academic work and formal aspects
2.4. Bibliographic reference - ISO690

3. Methodology of legal thinking,
3.1 Types of reasoning: Deduction, induction and abduction
3.2. The concept of "legal reasoning".
3.3 Formalistic, utilitarian and historical theories.

4. Legal analysis
4.1 Normative analysis and interpretation
4.2 Case law analysis and interpretation
4.2.1 IRAC
4.2.2. Case Briefing

Recommended Bibliography

KELSEN, H. A Justiça e o Direito Natural, Coimbra: Almedina, 2009.

SMITS, J. Elgar Encyclopedia of Comparative Law, Edward Elgar Publishing, 2012.

QUIVY, R; CAMPENHOUDT, L. Manual de Investigação em Ciências Sociais. Lisboa: Gradiva, 2008.

LARENZ, KARL. Metodologia da Ciência do Direito, Lisboa: Fundação Calouste Gulbenkian, 2009.

Complementary Bibliography

SANTOS JUSTO, A. Introdução ao Estudo do Direito. Coimbra: Coimbra Editora, 2009

J. B. Machado, Introdução ao Direito e ao Discurso Legitimador, Almedina, Coimbra, 2008

R. B. Gasset, Metodologia del Derecho, Bosch, Barcelona, 2000

P. Legrand et al. Comparative Legal Studies: Traditions and Transitions, Cambridge Uni. Press, 2001

E. Örücü et al., Comparative Law: A Handbook, 2007

M. Reimann et al. (ed.), The Oxford Handbook of Comp. Law, Oxford : Oxford Uni. Press, 2006 D. J. Gerber, Authority Heuristics, 79 Chi.-Kent L. Rev. 959, 2004

R. Sacco, Legal Formants: A Dynamic Approach to Comparative Law 39. American Journal of Comp. Law, 2003

A. Sarat et al. (ed.) The Place of Law. University of Michigan Press, 2006

Weekly Planning

Class 1
1. Scientific knowledge
1.1. Introduction and epistemology

Class 2
Conclusion from previous class.

Class 3
1.2. Methodology, methods and techniques
1.3. Ethics and academic fraud

Class 4
2. Scientific written production

Class 5
2.1. The state of the art

Class 6
2.2. Summary

Class 7
2.3. The structure of academic work and formal aspects

Lecture 8
2.4. Bibliographic reference - ISO690

Class 9
3. Methodology of legal thinking,
3.1 Types of reasoning: Deduction, induction and abduction

Class 10
Conclusion from previous class.

Class 11
3.2. The concept of "legal reasoning".
3.3 Formalistic, utilitarian and historical theories.

Class 12
4. Legal analysis
4.1 Normative analysis and interpretation

Class 13
4.2 Case law analysis and interpretation
4.2.1 IRAC

Class 14
4.2.2. Case Briefing

Lecture 15
Test.


Practical classes

1ª Class
\ - \\ - \ -

2nd Class
Presentation. Program, bibliography, methodology

3rd Class
The steps of the research process. Auxiliary programs and scheduling of activities. Exploratory readings and their tokens. The state of the art. Practical exercises.

4th Class
Elaboration of practical work of evaluation - the State of the Art of the subjects approached with the use of the acquired knowledge.

5th Class
The scientific writing. Bibliographical reference and plagiarism. EndNote. Practical exercises.

6ª Class
Research methods and techniques. Practical exercises.

7ª Class
Elaboration of practical work of evaluation - the State of the Art of the subjects approached with the use of the acquired knowledge. Delivery and presentation of the 1st Progress Report.

8ª Class
Oral exposure - techniques and practices. Exercises.

9th Class
Elaboration of practical work of evaluation - the State of the Art of the subjects approached with the use of the acquired knowledge.

DELIVERY OF THE PROGRESS REPORT

10th Class
Elaboration of practical work of evaluation - the State of the Art of the subjects approached with the use of the acquired knowledge.

11th Class
The IRAC method - practical exercises.

12th Class
Elaboration of practical work of evaluation - the State of the Art of the subjects approached with the use of the acquired knowledge.

13th Class
Elaboration of practical work of evaluation - the State of the Art of the subjects approached with the use of the acquired knowledge.

14th Class
Closure of the curricular unit. Delivery of the final work.

Demonstration of the syllabus coherence with the curricular unit's objectives

Identify and apply academic work on the main features and stages of scientific research process will be achieved by point 1 of the syllabus. Identify and describe the main types of scientific reasoning will be achieved by point 2 of the syllabus. Interpret legal reasoning through different strategies will be achieved by point 3 of the syllabus. Sort and select the different analytical methods used in the Legal Science will be achieved by point 4 of the syllabus. Identify and implement a solid, coherent speech logical principles and varied argumentative strategies will be achieved through the points 5, 6 and 7 of the syllabus.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

For all purposes will be mainly used to "active learning methodology", which requires the active participation of students in their learning process. However, the lectures are appropriate for achieving the first and second goals of this course; allow the approach of a large number of systematically subjects in a relatively short period of time. In that it inhibits the participation of student use will be limited to a minimum. The Socratic method encourages the construction of new knowledge, through the deconstruction of the initial knowledge of the student and encourages the active participation of the student in the learning process, developing critical and analytical skills, thus contributing to the achievement of cognitive and affective objectives. The same is true in view of technical skills, with the case method that will be promptly presented in variant Problem solving based.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Adapting to new situationsYes 
Analytical and synthetic skillsYesYes
Balanced decision makingYes 
Commitment to effectivenessYes 
Commitment to qualityYesYes
CreativityYesYes
Event organization, planning and managementYesYes
Information and learning managementYesYes
IT and technology proficiencyYesYes
LeadershipYes 
Problem Analysis and AssessmentYesYes
Problem-solvingYes 
Relating to othersYes 
Research skillsYesYes
Self-assessmentYes 
TeamworkYes 
Written and verbal communications skillsYesYes
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