Metalaşma Bağlamında Hukukta Yapısal Dönüşüm ve Uzlaştırma

Abstract

ABSTRACT

SÜRMELİ KALE, Hazal. Structural Transformations in Law and The Conciliation in the Context of Commodification, Ph. D. Dissertation, Ankara, 2023.

The aim of the study is to investigate conciliation, which is a legal form, through the commodification phenomenon of the economic field when viewed from the mainstream literature. The method of achieving the determined goal is to examine the knowledge of the relations regulated by the norms, not just the norms, by making use of the conceptual framework of the Marxist theory and the Regulation School; in other words, it was preferred as the political economy of law. Conciliation emerges as the view of alternative dispute resolution methods in the field of criminal law, which became widespread after the 1970s. However, depending on the purpose of the study and the method adopted in the study, the conciliation is not merely a normative regulation. Conciliation is not independent of the effects of neoliberal structuring, which corresponds to the ideological, economic, political/legal establishment of a society in which everything is expressed in terms of the market, or of commodification, which means that something becomes the subject of market norms. In the thesis, the principles and forms that dominate the market order, such as emerging private property, freedom of contract, freedom of enterprise, competition, productivity, which are the requirements of the commodity form in the domination of value, become dominant in the field of criminal law; that is, the proper name of the commodification of the criminal justice system has been taken as conciliation.