Faculty of Law · Law · Undergraduate
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
- 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.
- 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
- Develop the skills of making general and systematical evaluations and analyzing law together with any neighboring discipline.
Core Area Distribution
Teaching Methods
Assessment & Evaluation
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 16 | 3 | 48 |
| Out of Class Study Period | 16 | 3 | 48 |
| Midterm | 1 | 1 | 1 |
| Quiz | 0 | 0 | 0 |
| Assignment | 0 | 0 | 0 |
| Practice | 0 | 0 | 0 |
| Final | 1 | 2 | 2 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | First 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 |
| 2 | Law 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 |
| 3 | Introduction 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 |
| 4 | The 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 |
| 5 | Evaluation 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 |
| 6 | Norm 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 |
| 7 | Analysis 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 |
| 8 | Ara Sınav | Ara Sınav |
| 9 | Fundamental Principles of the Sociology of Law | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 10 | Different sociological approaches to law: conflict, functionalist, symbolic interactionist | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 11 | Law and social solidarity | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 12 | Law and social control | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 13 | Law unlawfulness and inequality | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 14 | Law and culture: legal pluralism | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 15 | Law and globalization: The Critical Evaluation of Legal Profession | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 16 | Final Sınavı | Final Sınavı |