Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTRODUCTION to LAW | HUK1114179 | Fall Semester | 2+0 | 2 | 6 |
| Course Program | Perşembe 13:30-14:15 Perşembe 14:30-15:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Ahmet Ulvi TÜRKBAĞ |
| Name of Lecturer(s) | Prof.Dr. Ahmet Ulvi TÜRKBAĞ |
| Assistant(s) | |
| Aim | We always tried to teach not only positive law but also ideal law or only the law as a science, so we don’t aim to teach knowledge of the positive law or states legal system but the highest principles of law which humanity have reached in the course of history. During the semester, it will be explained and emphasized on why the law should be respected as a sub-text within each topic and the inseparable connection of law with rights, freedom and equality through its basic concepts and institutions. In addition to this general approach, the topics of introduction to law: The relationship between the rules of law and other rules of social order, the reasons for the emergence of the rules of law and the norm, the basic legal concepts, the basic features of the rules of law, the types of legal rules, the features of basic legal systems and logical tools that will be used in the solution of the legal problems will be described. Ultimately, on the one hand, respect for the above-mentioned principles and institutions, on the other hand known as the logic of law will be aimed to give the style of lawful thinking. |
| Course Content | This course contains; Information is given about the basic concepts of law. For example; Jurisprudence, Stare Decisis, Obiter Dictum, Jurisdiction. ,I. INTRODUCTION, REALITY AND NORMATIVITY,A. The relationship between Normativity and Values B. The Major Aspects of Normativity,A. The Analysis of a Legal Norm B. Essential Principles and Institutions of Law,I. Lon Fuller’s Fundamental Principles of Law (Procedural Natural Law or Inner Morality of Law) A. Fuller’s 8 principle of a Legal System,I. FUNDAMENTAL CONCEPTS OF LAW A. Burden of Proof B. Presumptions,A. Facts and Laws Dichotomy in Legal Disputes a. Material Fact and Formal Fact,I. SOCİAL RULES,I. THE RELATIONSHIP BETWEEN MORALITY AND LAW A. The Criteria proposed to Separate Law from Ethics and Their Criticisms B. The Hierarchy of Norms,I. THE RELATIONSHIP BETWEEN ETİQUETTE AND LAW II. THE RELATIONSHIP BETWEEN RELİGİOUS RULES AND LAW,I. THE RELATIONSHIP BETWEEN RELİGİOUS RULES AND LAW - II A. The Differences Between Religious and Legal Rules,I. THE RELATIONSHIP BETWEEN CUSTOMARY RULES AND LAW II. THE PERİOD, MEANİNGS, AND METHODS OF CODİFİCATİON A. The Ability of Customary Law to be Applied Against Positive Law,THE SOURCES OF LAW, WHERE CAN YOU FİND THE RULES TO SOLVE THE LEGAL PROBLEMS ?,Difference between Continental Europe (Turkish Legal System) and Common Law Regarding the Concept of Doctrine. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| - Gaining Knowledge regarding Methods of Interpretation - Reviewing Laws and Judicial Decisions by means of Law Methodology | 10, 13, 16, 19, 9 | A |
| He/she discuss the basic knowledge of law. | 16 | A |
| He/she improves legal English skills. | 10, 13, 16 | A |
| He/she learns the notion of law, discusses what the concept of law means. | 16 | A |
| He/she to be equipped to discuss about Continental European and Anglo-Saxon legal culture. | 10, 16, 9 | A |
| He/she distinguishes between the concepts of Positive Law and Law as it ought to be(de lega feranda). | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Information is given about the basic concepts of law. For example; Jurisprudence, Stare Decisis, Obiter Dictum, Jurisdiction. | No prior preparation is required. |
| 2 | I. INTRODUCTION, REALITY AND NORMATIVITY | No prior preparation is required. |
| 3 | A. The relationship between Normativity and Values B. The Major Aspects of Normativity | No prior preparation is required. |
| 4 | A. The Analysis of a Legal Norm B. Essential Principles and Institutions of Law | No prior preparation is required. |
| 5 | I. Lon Fuller’s Fundamental Principles of Law (Procedural Natural Law or Inner Morality of Law) A. Fuller’s 8 principle of a Legal System | No prior preparation is required. |
| 6 | I. FUNDAMENTAL CONCEPTS OF LAW A. Burden of Proof B. Presumptions | No prior preparation is required. |
| 7 | A. Facts and Laws Dichotomy in Legal Disputes a. Material Fact and Formal Fact | No prior preparation is required. |
| 8 | I. SOCİAL RULES | No prior preparation is required. |
| 9 | I. THE RELATIONSHIP BETWEEN MORALITY AND LAW A. The Criteria proposed to Separate Law from Ethics and Their Criticisms B. The Hierarchy of Norms | No prior preparation is required. |
| 10 | I. THE RELATIONSHIP BETWEEN ETİQUETTE AND LAW II. THE RELATIONSHIP BETWEEN RELİGİOUS RULES AND LAW | No prior preparation is required. |
| 11 | I. THE RELATIONSHIP BETWEEN RELİGİOUS RULES AND LAW - II A. The Differences Between Religious and Legal Rules | No prior preparation is required. |
| 12 | I. THE RELATIONSHIP BETWEEN CUSTOMARY RULES AND LAW II. THE PERİOD, MEANİNGS, AND METHODS OF CODİFİCATİON A. The Ability of Customary Law to be Applied Against Positive Law | No prior preparation is required. |
| 13 | THE SOURCES OF LAW, WHERE CAN YOU FİND THE RULES TO SOLVE THE LEGAL PROBLEMS ? | No prior preparation is required. |
| 14 | Difference between Continental Europe (Turkish Legal System) and Common Law Regarding the Concept of Doctrine | No prior preparation is required. |
| Resources |
| 1. Aybay, A.; Pehlivan, A (2018), Hukuka Giriş, İstanbul Bilgi Üniversitesi Yayınları, 14. Baskı. 2. Oğurlu, Y.; Gürpınar, B. (2015), Introductıon to Turkish Law, On İki Levha Yayınları, 2. Baskı. 3. Yavaşi, M. (2015), An Introduction to Turkish Law for Non-Law Students, Dora Yayıncılık. 4. Dinçkol, A. (2018), Hukuka Giriş, Der Yayınları. 5. Sözer, Ali N. (2017), Hukukta Yöntembilim, Beta. 6. Anayurt, Ö. (2017), Hukuka Giriş ve Hukukun Temel Kavramları, Seçkin Yayıncılık. 7. Bilge, N. (2019), Hukuk Başlangıcı, Turhan Kitabevi, 10. Baskı. 8. Göğer, E. (1972), Hukuk Başlangıcı Dersleri, Ankara Hukuk Fakültesi Yayınları, 2. Baskı. 9. Schubert, F. A. (2011), Introduction to Law and the Legal System, Wadsworth, 10. Baskı. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 2 | 28 | |||
| Guided Problem Solving | 1 | 20 | 20 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 47 | 47 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 10 | 0 | |||
| Total Workload(Hour) | 165 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(165/30) | 6 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTRODUCTION to LAW | HUK1114179 | Fall Semester | 2+0 | 2 | 6 |
| Course Program | Perşembe 13:30-14:15 Perşembe 14:30-15:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Ahmet Ulvi TÜRKBAĞ |
| Name of Lecturer(s) | Prof.Dr. Ahmet Ulvi TÜRKBAĞ |
| Assistant(s) | |
| Aim | We always tried to teach not only positive law but also ideal law or only the law as a science, so we don’t aim to teach knowledge of the positive law or states legal system but the highest principles of law which humanity have reached in the course of history. During the semester, it will be explained and emphasized on why the law should be respected as a sub-text within each topic and the inseparable connection of law with rights, freedom and equality through its basic concepts and institutions. In addition to this general approach, the topics of introduction to law: The relationship between the rules of law and other rules of social order, the reasons for the emergence of the rules of law and the norm, the basic legal concepts, the basic features of the rules of law, the types of legal rules, the features of basic legal systems and logical tools that will be used in the solution of the legal problems will be described. Ultimately, on the one hand, respect for the above-mentioned principles and institutions, on the other hand known as the logic of law will be aimed to give the style of lawful thinking. |
| Course Content | This course contains; Information is given about the basic concepts of law. For example; Jurisprudence, Stare Decisis, Obiter Dictum, Jurisdiction. ,I. INTRODUCTION, REALITY AND NORMATIVITY,A. The relationship between Normativity and Values B. The Major Aspects of Normativity,A. The Analysis of a Legal Norm B. Essential Principles and Institutions of Law,I. Lon Fuller’s Fundamental Principles of Law (Procedural Natural Law or Inner Morality of Law) A. Fuller’s 8 principle of a Legal System,I. FUNDAMENTAL CONCEPTS OF LAW A. Burden of Proof B. Presumptions,A. Facts and Laws Dichotomy in Legal Disputes a. Material Fact and Formal Fact,I. SOCİAL RULES,I. THE RELATIONSHIP BETWEEN MORALITY AND LAW A. The Criteria proposed to Separate Law from Ethics and Their Criticisms B. The Hierarchy of Norms,I. THE RELATIONSHIP BETWEEN ETİQUETTE AND LAW II. THE RELATIONSHIP BETWEEN RELİGİOUS RULES AND LAW,I. THE RELATIONSHIP BETWEEN RELİGİOUS RULES AND LAW - II A. The Differences Between Religious and Legal Rules,I. THE RELATIONSHIP BETWEEN CUSTOMARY RULES AND LAW II. THE PERİOD, MEANİNGS, AND METHODS OF CODİFİCATİON A. The Ability of Customary Law to be Applied Against Positive Law,THE SOURCES OF LAW, WHERE CAN YOU FİND THE RULES TO SOLVE THE LEGAL PROBLEMS ?,Difference between Continental Europe (Turkish Legal System) and Common Law Regarding the Concept of Doctrine. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| - Gaining Knowledge regarding Methods of Interpretation - Reviewing Laws and Judicial Decisions by means of Law Methodology | 10, 13, 16, 19, 9 | A |
| He/she discuss the basic knowledge of law. | 16 | A |
| He/she improves legal English skills. | 10, 13, 16 | A |
| He/she learns the notion of law, discusses what the concept of law means. | 16 | A |
| He/she to be equipped to discuss about Continental European and Anglo-Saxon legal culture. | 10, 16, 9 | A |
| He/she distinguishes between the concepts of Positive Law and Law as it ought to be(de lega feranda). | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Information is given about the basic concepts of law. For example; Jurisprudence, Stare Decisis, Obiter Dictum, Jurisdiction. | No prior preparation is required. |
| 2 | I. INTRODUCTION, REALITY AND NORMATIVITY | No prior preparation is required. |
| 3 | A. The relationship between Normativity and Values B. The Major Aspects of Normativity | No prior preparation is required. |
| 4 | A. The Analysis of a Legal Norm B. Essential Principles and Institutions of Law | No prior preparation is required. |
| 5 | I. Lon Fuller’s Fundamental Principles of Law (Procedural Natural Law or Inner Morality of Law) A. Fuller’s 8 principle of a Legal System | No prior preparation is required. |
| 6 | I. FUNDAMENTAL CONCEPTS OF LAW A. Burden of Proof B. Presumptions | No prior preparation is required. |
| 7 | A. Facts and Laws Dichotomy in Legal Disputes a. Material Fact and Formal Fact | No prior preparation is required. |
| 8 | I. SOCİAL RULES | No prior preparation is required. |
| 9 | I. THE RELATIONSHIP BETWEEN MORALITY AND LAW A. The Criteria proposed to Separate Law from Ethics and Their Criticisms B. The Hierarchy of Norms | No prior preparation is required. |
| 10 | I. THE RELATIONSHIP BETWEEN ETİQUETTE AND LAW II. THE RELATIONSHIP BETWEEN RELİGİOUS RULES AND LAW | No prior preparation is required. |
| 11 | I. THE RELATIONSHIP BETWEEN RELİGİOUS RULES AND LAW - II A. The Differences Between Religious and Legal Rules | No prior preparation is required. |
| 12 | I. THE RELATIONSHIP BETWEEN CUSTOMARY RULES AND LAW II. THE PERİOD, MEANİNGS, AND METHODS OF CODİFİCATİON A. The Ability of Customary Law to be Applied Against Positive Law | No prior preparation is required. |
| 13 | THE SOURCES OF LAW, WHERE CAN YOU FİND THE RULES TO SOLVE THE LEGAL PROBLEMS ? | No prior preparation is required. |
| 14 | Difference between Continental Europe (Turkish Legal System) and Common Law Regarding the Concept of Doctrine | No prior preparation is required. |
| Resources |
| 1. Aybay, A.; Pehlivan, A (2018), Hukuka Giriş, İstanbul Bilgi Üniversitesi Yayınları, 14. Baskı. 2. Oğurlu, Y.; Gürpınar, B. (2015), Introductıon to Turkish Law, On İki Levha Yayınları, 2. Baskı. 3. Yavaşi, M. (2015), An Introduction to Turkish Law for Non-Law Students, Dora Yayıncılık. 4. Dinçkol, A. (2018), Hukuka Giriş, Der Yayınları. 5. Sözer, Ali N. (2017), Hukukta Yöntembilim, Beta. 6. Anayurt, Ö. (2017), Hukuka Giriş ve Hukukun Temel Kavramları, Seçkin Yayıncılık. 7. Bilge, N. (2019), Hukuk Başlangıcı, Turhan Kitabevi, 10. Baskı. 8. Göğer, E. (1972), Hukuk Başlangıcı Dersleri, Ankara Hukuk Fakültesi Yayınları, 2. Baskı. 9. Schubert, F. A. (2011), Introduction to Law and the Legal System, Wadsworth, 10. Baskı. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | X | |||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |