Course Information
SemesterCourse Unit CodeCourse Unit TitleT+P+LCreditNumber of ECTS Credits
4HUK212Philosophy And Sociology Of Law3+0+034

Course Details
Language of Instruction Turkish
Level of Course Unit Bachelor's Degree
Department / Program Law
Mode of Delivery Face to Face
Type of Course Unit Compulsory
Objectives of the Course The main function of the judiciary is focused on the conviction of the actors. In this process, legal terms/concepts, values, principles, validity of arguments, accuracy of consequences, and justice/ injustices appear as important focal points. By including the thoughts of the legal philosophy schools on these issues, the basic legal terms and concepts such as “justice”, “morality”, “validity”, “benefit”, “function”, “interest”, “purpose”, “interpretation”, “reasoned decision” and more will be discussed; also it will be examined what is the relation between law and various ideas expressed by conceptions, to what extent the law is an independent system of values, what the law means normatively, what are the philosophical approaches and analyses to the general problems of social ideal seeking/ value expression; and how the law can contribute to the solution processes of the targeted problems. Legal Philosophy education, broadens the base of the legal education and provides the future practitioner with an awareness of social, economic, and political contexts in which the law is applied.


The basic aim of the legal sociology course is to make the students acquire the ability to examine the law sociologically. To be able to see the gap between the normative aspect and the reality/practice aspect of law, and to understand and examine its reasons is the desired basic skill to make students acquire. Thus the students can realize that law is not just a norm/rule, rather its factual aspect can be more important than its normative aspect.
Course Content The opinions of selected schools of legal philosophy and thinkers on the problem of objective criteria specific to the nature, validity, purpose and evaluation of law are included; the practical value of the legal philosophy is expressed; the solution approaches to the problems such as the proof of the claims which allow for law, and the accuracy of the legal propositions are displayed.
On the other hand, it will be included the expressions focused on making the law student does not forget that law is an art of kindness and fairness; and making the law student gain the ability to criticize law in force in a democratic environment while being equipped with legal philosophy and general knowledge, and to objectively explain its just and unjust sides to the public.


Legal sociology in its most simple definition is to examine the factual aspect of law which can be expressed also as the interaction between the rules of law and socio-economic conditions. The subject of the legal sociology is, on the one hand, to point at the formation process of legal norms and the purpose to create value; on the other hand, to show, explain and analyse how and to what extend the values formed by the rules are affected by the socio-economic conditions while rules are being applied. More clearly, legal sociology attempts to explain how the rules/instiutions of law are affected by the other social rules and instutions and to show the void caused by this affection.
Legal Sociology focuses mainly on the reality of law, rather than studying the normative trait of law which is also known as legal dogmatism. The socio-economic factors that implies on the formation, application and repeal of the rules/norms and principles are concluded in the legal sociology. In this matter, legal sociology is based on the main sociological terms, uses the sociological theories and research techniques.
Course Methods and Techniques
Prerequisites and co-requisities None
Course Coordinator None
Name of Lecturers Prof.Dr. Mustafa Tören Yücel
Assistants Research Assist. Hazal Gül
Work Placement(s) No

Recommended or Required Reading
Resources -
pp. presentations
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Bir vize ve bir final sınavı

Course Category
Mathematics and Basic Sciences %0
Engineering %0
Engineering Design %0
Social Sciences %0
Education %0
Science %0
Health %0
Field %100

Planned Learning Activities and Teaching Methods
Activities are given in detail in the section of "Assessment Methods and Criteria" and "Workload Calculation"

Assessment Methods and Criteria
In-Term Studies Quantity Percentage
Mid-terms 1 % 40
Final examination 1 % 60
Total
2
% 100

 
ECTS Allocated Based on Student Workload
Activities Quantity Duration Total Work Load
Course Duration 14 3 42
Hours for off-the-c.r.stud 14 3 42
Assignments 14 2 28
Mid-terms 1 1 1
Final examination 1 1 1
Total Work Load   Number of ECTS Credits 4 114

Course Learning Outcomes: Upon the successful completion of this course, students will be able to:
NoLearning Outcomes
1 To learn about philosophy and how to read from a philosophical point of view
2 To establish the connection between Law and Philosophy
3 To learn the theories of Legal Philosophy and representatives of these theories
4 To discuss the relation between law and morals
5 To comprehend the resource problem in law
6 To examine the legal problems arising in practice with a philosophical perspective
7 To learn the sociological perspective by obtaining information about sociology
8 To understand the relation between law and sociology
9 To explain the different and similar aspects of law and other social rules
10 To learn the basic concepts in legal sociology
11 To know the theories and approachers in Legal Sociology
12 To perceive the normative and factual aspects of law


Weekly Detailed Course Contents
WeekTopicsStudy MaterialsMaterials
1 Improving lecture listening; how to read a philosophical work; what philosophy is; philosophical focus; the benefits of philosophy - -
2 Wide-ranging questions in accordance with the legal philosophy - -
3 Legal philosophy map: Theories; discussion of theories; resource problem in law; natural law; discussing the Riggs vs. Palmer case. - -
4 Positive law: Austin, Hart and Kelsen; retation between the law and morality; Devlin-Hart Debate in the interaction of morality and law; Discussion of scenarios in the context of moral theories. - -
5 Utilitarian and deontological approaches; philosophical questions that arise; Hart-Fuller debate (1958); Lon Fuller-modern natural law; Ronald Dworkin (Taking Rights Seriously) and Hart's theory on judgment. - -
6 Pragmatism; Justice O.W.Holmes; historical school of jurisprudence; Immanuel Kant (Idealism) - -
7 Midterm - -
8 Introduction to Sociology: Basic Concepts, Importance of Sociological Perspective / Imagination and Its Difference from Other Disciplines; Hume’s Is-Ought Problem , three dimensions of norm formation; student-oriented approach; sociological language; sociologist's index of questions. - -
9 Research parameters; sociological variables; The beginning of the law; Relations, Similarities and Differences Between Law and Other Social Order Rules: Positivism, Law and Social Control; Law, Social Structure and Change: Debate on whether Law is Social Engineering. - -
10 Introduction to Legal Sociology: Social dynamics in law; Basic Concepts, History and Founders: Ibn Khaldun, Montesquieu, Savigny, Durkheim, Ehrlich, Marx, Max Weber et al. - -
11 August Comte (1798-1857), Wright Mills (1916-1962) Sociological Overview; Change Processes; Donald Black-Social control; Country-specific sui generis legal issues - -
12 Deviance, Emile Durkheim (1858-1917) Max Weber (1864-1920), Niclas Luhman (1927-199) - -
13 Theories and Movements in Legal Sociology: Cultural delay; Symbolic interactionism, Functionalism and Conflict theories; Pierre Bourdieu (1930-2002); total institutions; legal culture; sociology of judicial error - -
14 Final Exam - -


Contribution of Learning Outcomes to Programme Outcomes
P1 P2 P3 P4 P5 P6 P7 P8 P9 P10 P11 P12
All 5 4 3 3 3 4 3 3 3 4 4 5
C1 5 5 4 3 3 5 4 5 4 5 3 4
C2 5 4 4 5 4 4 5 4 4 4 5 5
C3 4 4 4 3 4 5 3 4 4 5 5 5
C4 5 4 4 5 4 4 4 5 5 4 5 5
C5 4 5 5 4 5 5 5 5 5 5 5 4
C6 4 4 4 4 3 4 3 5 4 5 5 4
C7 3 4 5 4 5 5 4 5 3 4 5 3
C8 4 5 4 5 3 4 3 4 3 5 5 5
C9 4 5 3 4 5 4 5 4 4 4 5 4
C10 5 5 5 5 5 5 4 4 4 4 3 4
C11 5 4 5 4 5 3 4 5 5 4 5 5
C12 3 5 3 5 5 4 3 4 3 3 4 5

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https://obs.gedik.edu.tr/oibs/bologna/progCourseDetails.aspx?curCourse=177000&curProgID=5632&lang=en