COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
Philosophy and Sociology of Law
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
HUK 314
Fall/Spring
3
0
3
3
Prerequisites
None
Course Language
Turkish
Course Type
Service Course
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives Main objective of this course is to instruct the basic concepts and movements of philosophy, form a viewpoint on how those concepts and movements are reflected in legal theory and legal practice, provide the ability to analyze, comment, interpret and have a judgement by discussing the law in relation to philosophy and sociology, going outside the borders of conventional legal education and becoming more than a legal technician, and help to have a cultural background of law.
Learning Outcomes The students who succeeded in this course;
  • Be able to express an opinion on the basic notions and principles of philosophy,
  • Evaluate branches of philosophy,
  • Be able to explain the analogy between law and philosophy, and thus between law and justice,
  • Compare relations between different disciplines,
  • Use judicial interpretations and methods on different fields of law,
  • Be able to observe the law as a whole from the viewpoint of philosophy and sociology of law,
  • Develop a critical thinking on the existing law, and use the information to achive the essential law,
  • Be able to acknowledge the social aspect of law and the direct connection between law and society through sociology of law,
Course Description In this course, the definition of law and its purpose, the problem of judgement and freedom of will in law, characteristics of legal order, the concepts of law, justice and equality will be examined in the context of natural law, historical school of law, legal positivism and legal realism. In addition, based on sociologic origin of law, its effectiveness, function and historical development, opinions of founding philosophers such as Durkheim, Marx and Max Weber on law will also be analyzed.

 



Course Category

Core Courses
X
Major Area Courses
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Required Materials
1 Introduction to course, Approaches to Law, Natural Law, Legal Positivism Işıktaç/Koloş pp. 45-51.
2 Law as a Means of Integration (Durkheim) Işıktaç/Koloş pp. 52-57.
3 Law as a Means of Integration (Durkheim) Işıktaç/Koloş pp. 52-57.
4 Critical Legal Theory (Marx) Işıktaç/Koloş pp. 57-62.
5 Critical Legal Theory (Marx) Işıktaç/Koloş pp. 57-62.
6 Rationalization and Law (Weber) Işıktaç/Koloş pp. 63-68.
7 Rationalization and Law (Weber) Işıktaç/Koloş pp. 63-68.
8 Midterm
9 Pragmatic Ethics and Theory of justice Sandel, pp. 47-77.
10 Pragmatic Ethics and Theory of justice Sandel, pp. 127-169.
11 Libertarianism Sandel, pp. 77-97.
12 John Rawls and Social Justice Sandel, pp. 169-197.
13 Civil Disobedience Texts will be provided
14 Affirmative Action Texts will be provided
15 General Review Reading the recommended texts, reviewing the notes of previous class
16 Final Exam
Course Notes/Textbooks

Albert V. Dicey ve diğerleri;Hukuk devleti: Hukuki bir İlke Siyasi Bir İdeal, Ed.Ali Rıza Çoban ve diğerleri, Adres Yayınları, Ankara 2008.

Ernst Rudolf Huber, Modern Endüstri Toplumunda Hukuk devleti ve Sosyal Devlet

Engin Topuzkanamış; Hukuk ve Disiplin-Modern Toplumda Hukuka Uymanın Dayanakları, Zoe Kitap, İstanbul 2019.

Mehmet Yüksel, Zakir Avşar ve Kasım Akbaş; Hukuk Sosyolojisi, Ed. Mehmet Yüksel, T.C. Anadolu Üniversitesi Yayını No: 2553, Eskişehir 2012.

Mehmet Tevfik Özcan; Hukuk Sosyolojisine Giriş, 4. Basım,On İki Levha Yayıncılık, İstanbul 2011.

Raymond Wacks; Hukuk Felsefesine Kısa Bir Giriş, 3. Basım, Çev. Engin Arıkan, Tekin Yayınevi, İstanbul 2014.

 

Solmaz Zelyüt, Dört Adalı (Bir Kıtalı), Öteki Yayınevi, İstanbul 2017

Suggested Readings/Materials

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterm
1
40
Final Exam
1
60
Total

Weighting of Semester Activities on the Final Grade
1
40
Weighting of End-of-Semester Activities on the Final Grade
1
60
Total

ECTS / WORKLOAD TABLE

Semester Activities Number Duration (Hours) Workload
Course Hours
(Including exam week: 16 x total hours)
16
3
48
Laboratory / Application Hours
(Including exam week: 16 x total hours)
16
Study Hours Out of Class
0
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterms
1
12
Final Exams
1
30
    Total
90

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

To be able to possess the knowledge in legal terminology, concepts and principles.

X
2

To be able to solve the legal problems with an analytic and integral point of view.

X
3

To be able to evaluate the legal knowledge and abilities obtained with a critical approach.

X
4

To be able to evaluate the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions.

X
5

To be able to have awareness of social, professional and scientific principles of ethic behaviour.

X
6

To be able to take responsibility in solving problems by creative and innovative thinking.

X
7

To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law.

X
8

Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, open to criticism and having self confidence

X
9

To be able to use the daily scientific sources and court judgments in the framework of life time learning approach.

10

To be able to inform the related persons and institutions about legal matters both verbally and in written.

11

To be able to monitor the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1) .

12

To be able to use the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”).

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest