SOCIOLOGIA DEL DIRITTO
Academic Year 2016/2017 - 3° Year - Curriculum Curriculum L-39 and Curriculum Curriculum L-40- ISSUES AND OUTLOOKS OF DISCIPLINARY TRADITION: Carlo Pennisi
- Sociological and Legal Knowledge in the Contemporary Social Systems : Carlo Pennisi
Scientific field: SPS/12 - Sociology of law, deviance and social change
Taught classes: 48 hours
Term / Semester: 1°
Learning Objectives
- ISSUES AND OUTLOOKS OF DISCIPLINARY TRADITIONTo present basic guidelines for the traditional problems of the sociology of law, the theoretical and methodological tools of the tradition in the sociological study of the law and the debate with the legal knowledge.
- Sociological and Legal Knowledge in the Contemporary Social Systems To present the positivization process of Modern and Contemporary Law, the characters of its institutionalization and differentiation from other social systems
Detailed Course Content
- ISSUES AND OUTLOOKS OF DISCIPLINARY TRADITION
The tradition and the problems of discipline
The differentiation of legal rules from social norms
The differentiation of sociological knowledge with respect legal doctrines
The sociological concept of legal culture - Sociological and Legal Knowledge in the Contemporary Social Systems
The positivization process of law and the language dependency of legal phenomena: the legal culture
The characters of positivised law
The theory of action and the normative dimension of the social system
The law as structure of the social systems
Textbook Information
- ISSUES AND OUTLOOKS OF DISCIPLINARY TRADITION
Banakar, B. (2011), “The sociology of law”, Sociopedia.isa, DOI: 10.1177/205684601134
Banakar, R. and Travers, M. (2005), Theory and Method in Socio-Legal Research, (Oxford: Hart Publishing) - Sociological and Legal Knowledge in the Contemporary Social Systems
Kurkchiyan, M. (2012), “Comparing Legal Cultures: Three Models of Court for Small Civil Cases”, in Nelken, D. (ed.), Using Legal Culture, (London: Wildy), pp. 210-250
Merry, S.E. (2012), “What is Legal Culture? An Anthropological Perspective”, in Nelken, D. (ed.), Using Legal Culture, (London: Wildy), pp. 32-76
Nelken, D. (2012a) “Using Legal Culture: Purpouses and Problems, in Id., (ed.), Using Legal Culture, (London: Wildy)
Silbey, S. (2010), “Legal Culture and Cultures of Legality”, Hall J. R., and Grindstaff L., and Ming-cheng Lo, Handbook of Cultural Sociology, (Oxford: Routledge), pp. 470-479
Von Benda Beckmann, F. and K., (2012) “Why not ‘Legal Culture’?”, in Nelken, D. (ed.), Using Legal Culture, (London: Wildy), pp.86-103