| LAW | |||||
| Bachelor | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF-LLL: Level 6 | ||
| Course Code | Course Name | Semester | Theoretical | Practical | Credit | ECTS |
| LAW2202 | Philosophy and Sociology of Law | Spring | 0 | 2 | 1 | 2 |
| Language of instruction: | Turkish |
| Type of course: | Must Course |
| Course Level: | Bachelor’s Degree (First Cycle) |
| Mode of Delivery: | Face to face |
| Course Coordinator : | Assist. Prof. MERT NOMER |
| Course Lecturer(s): |
Assist. Prof. MERT NOMER |
| Recommended Optional Program Components: | None |
| Course Objectives: | This course discusses fundamental topics in legal philosophy and legal sociology from various perspectives. In this context, the aim is to enable students to provide critical answers to questions like “What is law, how should it be?” and “What is justice, how is it achieved?” in light of various theories proposed from Ancient Greek thought to the present day. Through this course, students are expected to develop skills in interpreting the development and achievements of modern legal thought with historical knowledge; understanding the philosophical ideas underlying legal rules; and evaluating different approaches to justice. Additionally, they are expected to develop the capacity to critically evaluate current and future legal rules and develop interpretations regarding legal issues. |
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The students who have succeeded in this course; A student who successfully completes this course: • Establishes the relationship between law and philosophy and analyzes the two-way interactions between social phenomena and law; • Gains philosophical and sociological perspectives on law; • Interprets modern legal achievements with historical knowledge; • Gains knowledge about philosophical schools of thought that form the basis of legal rules; • Understands the intellectual foundation behind contemporary legal systems through various theories proposed from Ancient Greek thought to the present; • Examines and evaluates different approaches to justice; • Develops the capacity to critically evaluate current and potential future legal rules; • Gains knowledge about the political and legal foundation of the state; • Demonstrates the relationship between theoretical knowledge and current issues in law and justice; • Understands concepts and institutions across various legal disciplines and the relationships between them; • Develops strong capacity for interpreting legal issues. |
| This course explores fundamental concepts in legal philosophy and sociology of law, examining key questions such as "What is law and how should it be?" and "What is justice and how can it be achieved?" through various theories from Ancient Greek thought to the present day. The course covers major philosophical movements and thinkers including Plato, Aristotle, Natural Law theorists, Enlightenment philosophers, Legal Positivists, and contemporary legal theorists such as Hart, Dworkin, and Rawls, analyzing their contributions to modern legal thought and understanding of justice. Throughout the semester, students engage with both theoretical frameworks and practical applications, examining the relationship between law and philosophy, different approaches to justice, and the social foundations of legal systems. The course incorporates analysis of literary works, contemporary legal issues, and critical discussions of topics such as gender equality and social justice. Special emphasis is placed on developing students' critical thinking abilities, enabling them to evaluate existing and future legal rules while understanding the philosophical foundations underlying modern legal systems. |
| Week | Subject | Related Preparation |
| 1) | Week 1: Law, Philosophy and Sociology First hour focuses on the meaning and necessity of philosophical and sociological perspectives on law. Then examines the relationship between science, social sciences and philosophy; development of legal philosophy and legal sociology and their fundamental debates. Discussion includes qualities needed to be a good lawyer and the place of legal philosophy and sociology in law school education. Second half evaluates different approaches to defining law and justice through various examples, including questions raised by emerging technologies. | |
| 2) | Week 2: Plato’s Philosophy and Understanding of Justice Brief evaluation of philosophical approaches from antiquity to present; outline of law-philosophy relationship in Ancient Greece; examination of Socrates’ views on justice and law; Plato’s idealist philosophy, its influence on natural law thinking, elements of organismic approach, and views on justice concept. | |
| 3) | Week 3: Aristotle’s Philosophy and Understanding of Justice Focus on Aristotle’s general philosophy and understanding of justice; distributive and corrective justice distinction, concept of equity and teleological approach. Discussion of considerations in determining rules of fair distribution. | |
| 4) | Week 4: Law and Philosophy in Rome and Middle Ages Development of Stoicism and Epicureanism in Ancient Greek thought; Roman approach to law and Western European approaches during Middle Ages. Discussion of natural law thought development and evolution through views of Zeno, Cicero, Augustine and Thomas Aquinas. | |
| 5) | Week 5: Law and Philosophy in the Age of Enlightenment Evaluation of 16-18th century thinkers’ approaches to law and justice, particularly Rene Descartes, Hugo Grotius, Thomas Hobbes, Baruch Spinoza, John Locke and J.J. Rousseau. Examines differences in their views, interaction between power and legal system, relationship between sanctions and establishing just order. | |
| 6) | Week 6: Utilitarian School of Law Evaluation of utilitarian legal theory developed in 18th century England through views of Jeremy Bentham and John Stuart Mill. Covers basic principles of utilitarian moral and legal theory, Bentham's views, criticisms, practical effects, and distinctive aspects of Mill’s approach. | |
| 7) | Week 7: Evaluation of Immanuel Kant’s Views on Law-Philosophy Relationship Examination of Kant’s philosophical contribution to legal debates. Covers basic features of Kant’s philosophy, moral philosophy and human rights understanding. Discussion of “The Ones Who Walk Away from Omelas” story in context. | |
| 8) | Week 8: Rebirth of Natural Law Developments in 20th century revival of natural law theory explained through John Finnis’s views. Evaluation of Hart-Fuller and Hart-Devlin debates. | |
| 9) | Week 9: Midterm Exam | |
| 10) | Week 10: Legal Positivism Evaluation of basic approaches in legal positivism through views of John Austin, Hans Kelsen and H.L.A. Hart. Discussion of nature of law, source of legal rules, function and necessity of law from legal positivist perspective. | |
| 11) | Week 11: Examination of Ronald Dworkin’s Views Study of Dworkin’s contributions to legal philosophy, including his objections to Hart’s views, distinction between legal principles and rules. Information about Law and Literature movement and discussion of Kafka’s “The Trial” in legal philosophy context. | |
| 12) | Week 12: Justice Theories and Examination of John Rawls’s Views Study of Rawls’s contributions to legal philosophy, particularly his theory of justice. Covers justice as fairness, veil of ignorance concept, social contract approach and principles of justice. | |
| 13) | Week 13: Feminist Legal Theory Examination of feminist legal theory’s development, main lines, and subdivisions considering theory and practice. Discussion of various legal provisions and court decisions in context of feminist theory demands. | |
| 14) | Review for the Final Exam |
| Course Notes / Textbooks: | • Yasemin Işıktaç, Hukuk Felsefesi, Filiz Kitabevi, İstanbul 2022. • Elif Küzeci, Sayısal Fil: Bilişim Teknolojileri, Devlet ve Hukuk Kesişiminde Bir İnceleme, İnkılâp, İstanbul 2021. • Michael J. Sandel, Adalet, Yapılması Gereken Doğru Şey Nedir?, Felix Kitap, İstanbul 2022. • Yasemin Işıktaç - Umut Koloş, Hukuk Sosyolojisi, Bilgi Üniversitesi Yayınları, İstanbul 2020. |
| References: |
| Semester Requirements | Number of Activities | Level of Contribution |
| Homework Assignments | 10 | % 10 |
| Midterms | 1 | % 30 |
| Final | 1 | % 60 |
| Total | % 100 | |
| PERCENTAGE OF SEMESTER WORK | % 40 | |
| PERCENTAGE OF FINAL WORK | % 60 | |
| Total | % 100 | |
| Activities | Number of Activities | Duration (Hours) | Workload |
| Course Hours | 13 | 2 | 26 |
| Study Hours Out of Class | 13 | 1 | 13 |
| Homework Assignments | 10 | 1 | 10 |
| Midterms | 1 | 2 | 2 |
| Final | 1 | 2 | 2 |
| Total Workload | 53 | ||
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Program Outcomes | Level of Contribution | |
| 1) | List the relations between concepts and institutions related to various legal disciplines and this concepts and institutions. | 5 |
| 2) | Have the knowledge of legal methodology and methods of comment. | 5 |
| 3) | Comment the modern legal gains with the historical knowledge. | 5 |
| 4) | Have the knowledge of philosophical currents of thought which are the bases of legal rules. | 5 |
| 5) | Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them. | |
| 6) | Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine. | |
| 7) | Use at least one foreign language as scientific language. | 3 |
| 8) | Have the knowledge of the political and juridical foundation of the state. | 5 |
| 9) | Have the knowledge of the historical development of the rights of individuals and societies and of the basic documents which are accepted throughout this development. | 4 |
| 10) | Have the ability to resolve the disagreements which can violate the social order in national or international level. | 3 |
| 11) | Have the ability to prevent the juridical disagreements between individuals. | 1 |
| 12) | Have the knowledge of international and comparative law systems. | |
| 13) | Have the ability of the construction and the conduct of the national and international commercial relations. | |
| 14) | Use Turkish in an efficient way both verbal and written. | 4 |
| 15) | Have the ability of the professional and the ethical responsibility. | 4 |
| 16) | Have the knowledge on the European Union’s legislation and institutions. | 1 |
| 17) | Have the knowledge on juridical regulations and applications related to economical and financial mechanisms. | |
| 18) | Have the knowledge of the operation of the national and international judicial bodies. |