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HUK 411 - Philosophy and Sociology of Law

Faculty of Law · Law · Undergraduate

ECTS: 4 T+P+L: 3+0+0 Compulsory
Coordinator: Arş. Gör. Nebile Nur ADALI
Instructors: Dr. Öğr. Üyesi Halit Serhan ERCİVELEK

Course Objective

The basic question of Philosophy of Law is ontological: “What is law?”. In this course, methods of acquiring knowledge on law and the relationship of law with other universes of thought and praxis are evaluated. Problems of existence (the formation and adoption of normative order) and language (indeterminacy–determinacy of law): the elements of law as a system (norms and principles) and its relations (the relationships of normative systems with each other) and, finally, the problem of value (natural law within the context of justice and freedom) are concentrated on and discussed. These discussions are evaluated in their contexts in the history of thought, with chronological leaps and special focus on contemporary thought. This Sociology of law, whereas, aims at understanding law through sociology and evaluating the impacts of law in sociology. The relationship of law and society, especially the institutionalization of law within the complex structures of modern society, is the basic subject of the course. The course also develops and brings forth different points of view and solutions to problems about the profile and praxis of law in society. The discussions and research in these contexts produce a dynamic and living image of law in the eyes of the student.

Course Content

Philosophy of Law: Introduction, limits and basics. Interrelations with Legal Theory, Sociology of Law and other neighbouring disciplines. Different sociological approaches to law: conflict, functionalist, symbolic interactionist, Law and social solidarity, Practical applications of philosophy of law and sociology of law

Course Learning Outcomes

  1. Upon successful completion of the course, students will be able to; Analyze basic legal concepts in depth, discuss about different approaches to law on a philosophical basis.
  2. Upon successful completion of the course, students will be able to analyze the basic issues of sociology of law in reference to theoretical framework as well as law’s direct relation with everyday life
  3. Develop the skills of making general and systematical evaluations and analyzing law together with any neighboring discipline.

Core Area Distribution

(38) Law%100

Teaching Methods

ExpressionQuestion-AnswerDiscussionPresentationCase Study

Assessment & Evaluation

Testing (Essay / Tests: True-Falls, multiple-choice, short answer, matching)

ECTS / Workload

ActivityQuantityDuration (h)Total Workload
Course Duration (Including Exam Week)16348
Out of Class Study Period16348
Midterm111
Quiz000
Assignment000
Practice000
Final122

Course Schedule

WeekSubjectPreparation
1First week of a three week analysis of law in the history of western thought. Discussion on the Works of Socrates, Plato and Aristotle; their time and socio-political atmosphere.The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
2Law in the early modern period. Grotius and the birth of international law. Comparison and analysis of the idea of social contract in Locke, Rousseau and Hobbes.The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
3Introduction of Kant as a legal philosopher and his influence on natural law. Hegel’s legal philosophy.The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
4The basics of natural law theory with its historical and political infrastructure. Discussion on the values natural law focuses on.The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
5Evaluation of legal positivism in context of separation of law and morals and problem of law’s sources. Questioning the impact of legal positivism and the significance of its conflict with natural law.The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
6Norm as the unit of positive law. Introduction of Kelsen’s legal theory and his hypothesis of grundnorm. Introduction of Hart and his classification of norms.The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
7Analysis of Scandinavian and American legal realism. Their arguments and the fruits of this approach : critical legal studies movement.The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
8Ara SınavAra Sınav
9Fundamental Principles of the Sociology of LawThe related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
10Different sociological approaches to law: conflict, functionalist, symbolic interactionistThe related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
11Law and social solidarityThe related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
12Law and social controlThe related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
13Law unlawfulness and inequalityThe related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
14Law and culture: legal pluralismThe related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
15Law and globalization: The Critical Evaluation of Legal ProfessionThe related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session
16Final SınavıFinal Sınavı