Sociology of Law

Recommended Prerequisites

It is recommended as background knowledge competences in the field of sociology.

Teaching Methods

Starting from the concept of active teaching, it is proposed to alternate between oral presentations by the teacher and to encourage reflection by students from the starting materials distributed to the classes.  

Learning Outcomes

Overall objectives

The overall objective of this course is to analyze the law in a sociological perspective.

Specific objectives

1) Provide students with sociological analytical tools for the analysis of law as a social phenomena. Under the conditions of contemporary societies almost all social phenomena have a legal component from those associated with specific social spheres (family, work, consumption, crime, etc.) to the institutional frameworks (international state, enterprises). This sociology course aims to provide tools of sociological reflection applied to socio-juridical phenomena, addressing issues such as the relationship between law and social change, functions and meaning of the law, issues such as the relationship between the crisis and law, and the challenges posed by austerity to fundamental rights, among others.

Generic competencies

Detailed acquisition knowledge about a set of themes that are structural to the realm of sociology of law.  

Work Placement(s)

No

Syllabus

1) Sociology of law: contemporary and theoretical debates
1.1 Law as a social fact
1.2 Law, Justice and conflict: the meaning and the role of law
1.3 The complex societies and legal pluralism
1.4 Law, austerity and social change

2) Sociology of law: themes and contemporary issues

2.1 Law social spheres
2.1.1 Inequalities in access to law between men and women
2.1.2 The impacts on labour sphere facing austerity
2.1.3 Disputes and its forms of resolution

2.2 The transformations on the processes of Social control
2.2.1 The criminalization of public space
2.2.2 Migratory phenomena and crime
2.2.3 New challenges to the legal system

2.3 The normativity of globalization
2.3.1 Social spheres of global law
2.3.2 The European space and its normativity
2.3.3 The decentralization of state law

3) Challenges to law on the 21st century

3.1 The sociological construction of legal personality
3.2 Recognition and the law
3.3 The place of fundamental rights

Head Lecturer(s)

António Manuel Carvalho Casimiro Ferreira

Assessment Methods

Assessment
Exam: 100.0%

Bibliography

Arnaud,André-Jean; e Fariñas Dulce, María José (1996) Sistemas jurídicos: elementos para un análisis sociológico. Madrid: Imprenta Nacional del Boletín Oficial del Estado.
Banakar, Reza e Travers, Max (eds.) (2013) Law and social theory. Oxford and Portland, Oregon: Hart Publishing
Deflem, Matieu (2008) Sociology of law – visions of a scholarly tradition. Cambridge: University Press
Ferreira, António Casimiro (2014) Política e Sociedade: teoria social em tempo de austeridade. Porto: Vida Económica
Santos, Boaventura de Sousa (2009) Sociología Jurídica Crítica. Para un nuevo sentido común en el derecho. Madrid: Editorial Trotta.Santos, A revolução democrática da justiça.