Özet:

It is a well-known and much-discussed issue that the positivist legal thought which is occupying a serious place in the legal education today is based upon the modern thought which has been shaped by the philosophy of enlightenment and the insight of modern science. The insight of modern science and the approach of philosophical positivism which are the basis of the legal positivism, see the phenomenon that are not the subject of observation and experiment as metaphysical subjects which are excluded from the scientific area. Accordingly only the phenomenon which have a concrete existence and therefore are the object of observation could be made the subject of inquiry. This approach has affected the legal science by shaping a positivist legal science which is analyzing the legal rules, concepts and institutions in a definite legal system. In the scope of positivist approach where it considers law as the collection of rules and sanctions which have the power of enforcement and legislated by a sovereign, it is natural that the existence of an understanding of law as a social phenomenon and as a sub system of the social system would not be expected. Similarly, it could also not be in question to construct the legal science by its mutual relationship and interaction with the other science fields which are trying to understand the social reality. However, the positivist approach which is mainly the basis of legal education today is being criticized within the fields of philosophy of science and social theory. The people who are criticizing the tendencies of excluding law with its concepts, rules and institutions from its socio-cultural reality and the world of values, are placing law in its humanitarian and cultural scope and are emphasizing the interaction between law and socio-cultural organisms. By doing this they are asserting a different understanding by including the world of values and sense into their analysis in law field.

Anahtar Kelimeler: