Class-biased nature of legal interpretation
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Abstract (EN)
Legal rules, legal concepts, abstract rights, principles and other legal-related terms undergo a process of interpretation and meaning when applied to concrete events. Also there is a very wide literature on the class character of law. The study is based on the question of whether the interpretation in law has a class character or not. The answer lies in Marxist discourse analysis. The claim of the study is that generally the interpretation and specifically the interpretation in law has a class character. The study researchs the relation between law and social classes, the biased nature of law, the discourse and the ideology. After that, it concretizes the research with comparing interpretation in capitalist and socialist judicial practices, and analyzes court decisions from Turkey. The class character of law doesn't only appear in labor law. It can be seen in the comparison between capitalist and socialist judicial practices. But the chapter which contains neoliberal structural transformations in Turkey and the discourse analysis of court decisions from Turkey, mostly shows the situation in labor disputes. Finally according to the study; legal practitioners -especially judges in terms of the scope of the study- execute their interpretative activities within a class-biased behavior, under the biased veil of ideology and of law as an ideology, in an illusion that conflicts with material reality.
Author
Furkan Yılmaz
How to Cite
Furkan Yılmaz (Master Thesis). Class-biased nature of legal interpretation, 2023, Ankara University.
License
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