Sociology of Law 3500-FAKL-SOCPRA-OG

The first part of the lecture will be devoted to an analysis of XIXth and early XXth century debates of legal philosophers regarding the concept of law and its place in society: in particular, whether law is to be understood simply as a set of written rules, or whether it also includes other norms not written in legal acts. On the basis of socio-legal research, I will discuss cultural influnces on the ways that the law is interpretated and implementated in contemporary society. Other issues which will be the focus of the lecture include: the relationships between the law and other normarive systems (morality, custom); the way these relationships affect the legitimization of the legal system and law's effectiveness as a mechanism of social control; the integrative function of the law and law as an agent of social change. In addition, on the basis of Polish and international sociological research concerning „law in action” and legal professions, I will discuss the influence of extralegal factors on court rulings, as well as the paradoxes associated with the concept of the rule of law.

Type of course

general courses

Mode

Classroom

Course coordinators

Anna Kiersztyn

Learning outcomes

Knows and understands basic sociological concepts
Has basic knowledge about social structures and selected social institutions, and their interrelations
Is aware of social differentiation and existing social inequalities, as well as their impact on the life of individuals and the functioning of social groups
Understands the social nature of relationships between individuals, social groups and social institutions
Has basic knowledge of major foreign, international and domestic sociological research
Has basic knowledge of the norms and rules governing social structures and institutions
Has basic knowledge about institutions and organizations responsible for the transfer of norms and rules in society, such as educational, legal, moral and religious systems
Has basic knowledge of politics and participation of society in the public sphere
Has basic knowledge about the current needs and problems of Polish society and changes occurring in this area
Knows the most important processes and ideas of the 19th, 20th and 21st centuries, which have shaped the face of the modern world
Is aware of the consequences of choosing a particular theoretical perspective
Can use basic sociological terms and categories to analyze societies, particularly contemporary Polish society
Can use basic theoretical categories to describe social changes in modern societies
Can use academic knowledge acquired in social practice
Can comprehend a scientific text and identify its main theses and the author’s arguments, as well as discuss them

Assessment criteria

Written exam

Bibliography

G. Radbruch “Ustawowe bezprawie i ponadustawowe prawo”, w: M. Szyszkowska “Zarys filozofii prawa”, s. 237-250
E. Ehrlich „The sociology of law”, w: K. Rokumoto (red.): Sociological Theories of Law
R. Pound „Justice According to Law”, rozdz. „What is justice?”
T. Parsons „Spojrzenie socjologa na zawód prawnika”.
M. Weber „Gospodarka i Społeczeństwo”, PWN Warszawa 2002, s. 239-246, 256-260, 704-711
W. G. Sumner „Naturalne sposoby postępowania w gromadzie”, PWN Warszawa 1995, s. 54-67, 74-90
S. Macauley „Non-contractual Relations in Business”
H. Kalven, H. Ziesel „Disagreement between jury and judge”
A. Podgórecki „Socjologiczna teoria prawa”, Warszawa 1998, rozdz I. „Działanie prawa”
Rosett i D. R. Cressey „Justice by Consent”
V. Aubert „Some Social Functions of Legislation”

Additional information

Information on level of this course, year of study and semester when the course unit is delivered, types and amount of class hours - can be found in course structure diagrams of apropriate study programmes. This course is related to the following study programmes:

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 3500-FAKL-SOCPRA-OG in USOSweb