The influence of Portuguese legal doctrine

Are courts and legislators under the persuasion of the academic ivory towers 

This research project seeks to critically evaluate the role and influence of Portuguese legal doctrine on the judiciary and the legislature, particularly in the context of contemporary challenges. As artificial intelligence tools compel society to reassess the relevance and functions of academia, and as innovative approaches to legal theory and application become increasingly urgent, understanding the practical impact of legal scholarship on decision-making processes becomes paramount. 

The project adopts an empirical methodology, combining quantitative and qualitative methods with the integration of data science techniques, to examine whether Portuguese judges, legislators, and policymakers rely on national legal doctrine in their work. It seeks to determine the extent of this reliance, the manner in which it manifests, and the implications it has for the development of law and governance in Portugal. 

The significance of this inquiry is heightened by recent developments in Portuguese legal and political discourse. Notably, judicial reform proposals from the **Associação Sindical dos Juízes Portugueses** (Portuguese Judges' Union) have drawn attention to the potential drawbacks of appointing judges with overly academic profiles. Furthermore, the COVID-19 pandemic underscored the necessity for legislative acts and policy design to be informed by robust scientific foundations. Together, these factors raise pressing questions about the interplay between theoretical legal scholarship and the practical demands of governance and judicial decision-making. 

Through data-driven analysis, the project aims to address several key questions: Are Portuguese courts and legislators significantly influenced by academic legal thought? If so, how does this influence shape judicial and legislative outcomes? What are the positive and negative impacts of this relationship, particularly in the context of reform initiatives and crises requiring swift yet well-founded decisions? 

This research will also explore the broader implications of legal academia’s role in society. By investigating how Portuguese legal doctrine informs, persuades, or challenges those in positions of legal authority, the study will contribute to an understanding of whether academia is fulfilling its purpose of advancing legal knowledge while addressing real-world challenges. Moreover, it will assess whether this interaction encourages innovation or perpetuates traditionalism in Portuguese legal culture. 

The findings of this research will provide valuable insights into the dynamics between legal theory and practice, helping to inform future reforms in the Portuguese judicial and legislative systems. By bridging the gap between academic and practical perspectives, this study aims to ensure that Portuguese legal doctrine remains relevant, impactful, and responsive to societal needs.