Introdução Ao Estudo Do Direito

Introdução Ao Estudo Do Direito – Introductory Jurisprudence courses are generally an initiative of the student of law and are not representative of or complementary to any particular branch of law. It is intended to provide the student with a global understanding of what law is, how it arises, and how it is structured and experienced in normal and pathological conditions, and is therefore a research tool rather than a study of law as a whole. prescriptions for regulating various social activities. The first part of the book focuses on understanding the nature of law and its existence. The second part describes its basic structure, and the third part is devoted to the interpretation and synthesis of legal norms. Finally, the last section entitled “At the service of the lawyer”, although very briefly, talks about the person receiving the law and the ethics of the legal profession. Notes for the 5th edition Introductory notes (1st edition) SUBSCRIBE 1. Introduction to the law course, aims and objectives of the lesson plan 2. The universality and necessity of law, especially its social nature (ubi societas, ibi ius) 3. The language of law , symbol 3.1. Legal language 3.2. Legal symbols 4. Legal science and legal methodology 4.1. Law is a science of human activity, norms or practical science 4.2. Method of jurisprudence 5. Philosophical-political assumptions. Bibliography PART I – ANALYSIS OF THE MEANING OF LAW CHAPTER I – NATURE OF LAW CHAPTER I – Legal concept 6. Legal concept 6.1. Empirical understanding of law 6.2. Basic legal concepts 6.3. Material and formal legal object 6.4. Objective law and subjective law. Other Meanings of the Term “Law” 6.5. Negative separation of rights. Differences between positive law and natural law, law and other normative systems: morality, citizenship, religion, justice, equality, technology. 6.5.1. Positive rights 6.5.2. Law and morality; individual morality and social or positive morality 6.5.3. Law and citizenship 6.5.4. Law and religion 6.5.5. Law and Justice 6.5.6. Law and Justice 6.5.7. Law and technology 7. Legal foundations (legal ontology) 7.1. Introduction 7.2. Idealist teaching 7.2.1. Summary of idealist teachings 7.2.2. Jusnaturalism in Greco-Roman Antiquity 7.2.3. Judeo-Christian view 7.2.4. Modern school of natural law 7.2.5. Rationalist teachings 7.2.6. Traditional or historical natural law 7.3. Positivist teaching 7.3.1. Summary of positivist teaching 7.3.2. Legal and state positivism 7.3.3. Sociological positivism or scientific and historical positivism 7.4. Modern idealism 8. Purpose of law (metaphysics of law) 8.1. Introduction 8.2. seeking rational legal goals 8.2.1. Greco-Latin Antiquity 8.2.2. Christianity 8.2.3. Modern time 8.3. Pragmatic search for the end of the law 8.3.1. Experience 8.3.2. Legal sensitivity 8.4. Current status of the problem 8.4.1. Individualistic metaphysics of law 8.4.2. Metaphysics against individualism State intervention Doctrine of authorities Marxist concept of law 9. Natural law. Declaration of Human Rights 9.1. Natural law 9.2. Declaration of human rights, international documents for their promotion and protection 10. Legal certainty 10.1. Relationship between law and legal certainty 10.2. Security is a “legal guarantee” 10.3. Security Before Power: The Democratic Rule of Law. 11. Concept of legal sources (normative facts) 11.1. Concept of sources of law. General considerations. 11.2. Technical-legal understanding of legal sources 11.2-A. Manifestation of willingness or bargaining power 11.3. Basic legal principles 11.4. Hierarchy of sources of domestic law and international law 11.4.1. In general, question 11.4.2. Problems of the Portuguese legal system 12. Internal sources 12.1. General description 12.2. 12.2.1 of the Law. “Law” has many different meanings. Substantive law and formal law. 12.2.2. Legislative and executive bodies (regulating bodies) and intermediate bodies 12.2.3. Hierarchy of sources and standards 12.2.4. Drafting and enforcement of laws 12.2.5. Define laws; Press; introduction to laws and regulations. Republic Diary. 12.2.6. Term of validity: termination and revocation 12.2.7. Violation of norms. Disclaimer 12.3. Adaptation and use 12.3.1. Ethics as a source of law 12.3.2. Use 12.4. Court practice. Decisions with general effect 12.4.1. Questions in general 12.4.2. General decision. Attach to the seat. 12.4.3. Consolidation of court proceedings 12.5. Doctrine 12.6. Basic principles of law and customs in the legal hierarchy 13. International sources 13.1. General description 13.2. International agreement 13.3. International custom 13.4. Other sources of international law 14. Law of the European Union 14.1. Generally 14.2. Application of federal law in accordance with domestic legislation 14.3. Precedence of federal law over domestic law 15. Agreements concluded within the borders of the Council of Europe 16. Introductory questions 17. International law and domestic law 18. State and private law 19. Public law and private law branches 19.1. Branch of public law 19.2. Private Law Branch 20. Other Branches and New Branches of Law. “Universal Law”. 20.1. Other branches of law and new branches of law 20.2. “World Law” CHAPTER II – LAW GETTING IT CHAPTER I – INTRODUCTION 22. Spatial law 23. Law and time 24. Time use of law 24.1. Problem in general 24.2. Transitional provisions. “Transitional Law” 25. Law repealed retroactively. Application 25.1. Principle of retroactive repeal of law 25.2. Law applicable to the contract 25.3. Legal term 25.4. 25.5 explained in the law. Criminal Laws SECTION II – DEFINITION OF LEGAL MEANING: Formulas and Regulatory Methodology SUB SECTION I – LEGAL RULES 26. Legal Rules. Common basis of legal norms 27. Structure of legal norms 28. Two-way and other characteristics of legal norms, mandatory, sensitive, common, abstract, coercive characteristics 28.1. Bilateral and other situations 28.2. Necessity and fragility of legal norms 28.3. Generality and abstraction 28.4. Performance 29. Classification of legal norms 29.1. Introduction 29.2. Mandatory, prohibiting and permitting norms 29.3. Universal, regional and local standards 29.4. General norms (or rule of law) and special norms 29.5. General legal norms and special legal norms. General and special rules 29.6. Leges plus quam perfectae, leges perfectae, leges minus quam perfectae and leges imperfectae 29.7. Autonomous and non-autonomous norms or full norms and partial norms. 29.8. Categories of norms supporting personal autonomy: imperative norms; dispositive norms; additional norms and explanatory norms. 30. Coding as a normative technique 30.1. Concept of code, rule, organic law, separate law, extravagant law 30.2. Meaning and importance of codification SUBCHAPTER II – FACTS, MOTIVES, RIGHTS, RELATIONS 31. Legal facts, legal status, legal relations 31.1. Concept 31.2. Legal document 32. Legal subject. Person, character, ability 32.1. Introduction 32.2. People and legal entities. 33. Legal entity, capacity, criminal capacity (transfer) 33.1. Legal entities. Individuals and legal entities 33.2. Ability to enjoy and exercise 33.3. Representation and assistance 33.4. Criminal capacity (culpability) 34. Types of subjective rights and legal obligations. Legal framework. 34.1. Types of subjective rights 34.2. Types of legal obligations 35. Property, object, legal scope 35.1. Concept of inheritance 35.2. Concept of objects 35.3. Understanding of the legal field SUB-SECTION III – EXERCISE AND PROTECTION OF RIGHTS 36. Exercise and protection of rights 36.1. Introduction: exercise and protection of rights 37. Exercise of rights and performance of duties 38. Limits of exercise of rights 38.1. Internal and external borders 38.2. Abuse of rights 38.3. Violation of rights 38.4. So-called ethical-social constraints 38.5. Venire contra factum proprium (opposing one’s own act) 39. Legal protection. 39.1. Introduction: State Coercive Apparatus. 39.2. Legal protection measures 39.2.1. Differences 39.2.2. Self-protection and heteroprotection. Private custody and state custody 39.2.3. Preventive care 39.2.4. Compulsory guardianship 39.3. Appearance of personal guardian 39.3.1. Introduction 39.3.2. Direct action 39.3.3. Legal protection 39.3.4. Necessary law 39.4. Custody of repression: punishment 39.4.1. The concept. Types of punishment 39.4.2. Pure Law Sanctions: Nullification, Nullification, Annulment 39.4.3. Material punishment 39.5. Administrative protection 40. Judicial protection 40.1. Custody functions of the court 40.2. Jurisdiction functions 40.3. Unity and diversity of jurisdiction 40.4. Classification of courts 40.5. A Concise Reference to the Status of International Law PART II – LEGAL INTERPRETATION AND CONSOLIDATION CHAPTER I – LEGAL INTERPRETATION 41. Concept of Interpretation. Descriptive agents and forms 41.1. Concept of interpretation 41.2. Authentic and Doctrinal Commentary 41.3. Official, judicial and personal comments 41.4. Excursion on the so-called judicial determinism 42. Subjectivist interpretation and objectivist interpretation. Historical interpretation and actualist interpretation 42.1. Difference. Problem in general 42.2. Portuguese Law Decision 43. Components of the Interpretation 43.1. Introduction. Conceptual jurisprudence and interest jurisprudence. 43.2. Spelling or grammatical elements (text or “letters of law”)

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