Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| PHILOSOPHY of LAW | HUK3147900 | Fall Semester | 2+0 | 2 | 3 |
| Course Program | Perşembe 11:00-11:45 Perşembe 12:00-12:45 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| 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 | A student should be a person who can design law, not only a practicing it. The students will have a base to understand and discuss the actual and historical juridical and political problems and will reinforce their senses of justice, will learn that law is not only composed of rules, but also whole ideological and social structure. |
| Course Content | This course contains; What is philosophy?,Philosophy as a base of law, Main philosophical perspectives,The relationship between law and other social norms,Fundamental Schools of philosophy of law,Natural Law and Natural Rights,Justice and Fairness, different kinds of justice,Freedom as a criterion of legitimacy in a legal systems,Short History of Natural law,Legal Positivism: Austin and Kelsen,Normativism: Kelsen, American Legal Realism,Current debate in philosophy of law: Hart, Fuller and Dworkin,Critical Legal Studies and Feminist Jurisprudence,Law and Economics, Postmodernism and Law,Philosophy and current issues. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| They see the development of social rules as well as the rules of law. | 9 | A |
| Identify the development of the rules and concepts of law in the historical process. | 16, 9 | A |
| Distinguish new required necessities related to law. | 9 | A |
| Interpret the relations between social changes and legal norms. | 16, 9 | A |
| Evaluates an issue he/she encounters as a lawyer. | 19 | A |
| Construct legal knowledge behind norms. | 16, 19, 9 | A |
| Develops a sense of justice by addressing various issues related to justice. | 13, 16, 19 | A |
| Understands the regulatory role of other rules in terms of social relations. | 10, 13, 16, 19, 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 | What is philosophy? | No prior preparation is required. |
| 2 | Philosophy as a base of law, Main philosophical perspectives | No prior preparation is required. |
| 3 | The relationship between law and other social norms | No prior preparation is required. |
| 4 | Fundamental Schools of philosophy of law | No prior preparation is required. |
| 5 | Natural Law and Natural Rights | No prior preparation is required. |
| 6 | Justice and Fairness, different kinds of justice | No prior preparation is required. |
| 7 | Freedom as a criterion of legitimacy in a legal systems | No prior preparation is required. |
| 8 | Short History of Natural law | No prior preparation is required. |
| 9 | Legal Positivism: Austin and Kelsen | No prior preparation is required. |
| 10 | Normativism: Kelsen, American Legal Realism | No prior preparation is required. |
| 11 | Current debate in philosophy of law: Hart, Fuller and Dworkin | No prior preparation is required. |
| 12 | Critical Legal Studies and Feminist Jurisprudence | No prior preparation is required. |
| 13 | Law and Economics, Postmodernism and Law | No prior preparation is required. |
| 14 | Philosophy and current issues | No prior preparation is required. |
| Resources |
| No Textbook will be provided |
| 1) Öktem, Niyazi; Ahmet Ulvi Türkbağ, Felsefe, Sosyoloji. Hukuk ve Devlet, Der Yayınları 2) Türkbağ, Ahmet Ulvi, Kanıtlanamayanı Kanıtlamak: Ronald Dworkin’in Hukuk Kuramı, Der’in Yayınları 3) Üskül, Zeynep, Ö., Bireyciliğe Tarihsel Bakış, Büke Yayınları |
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). | ||||||
| 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. | ||||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 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 | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 1 | 1 | 1 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 20 | 20 | |||
| General Exam | 1 | 30 | 30 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 79 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(79/30) | 3 | |||||
| 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 |
|---|---|---|---|---|---|
| PHILOSOPHY of LAW | HUK3147900 | Fall Semester | 2+0 | 2 | 3 |
| Course Program | Perşembe 11:00-11:45 Perşembe 12:00-12:45 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| 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 | A student should be a person who can design law, not only a practicing it. The students will have a base to understand and discuss the actual and historical juridical and political problems and will reinforce their senses of justice, will learn that law is not only composed of rules, but also whole ideological and social structure. |
| Course Content | This course contains; What is philosophy?,Philosophy as a base of law, Main philosophical perspectives,The relationship between law and other social norms,Fundamental Schools of philosophy of law,Natural Law and Natural Rights,Justice and Fairness, different kinds of justice,Freedom as a criterion of legitimacy in a legal systems,Short History of Natural law,Legal Positivism: Austin and Kelsen,Normativism: Kelsen, American Legal Realism,Current debate in philosophy of law: Hart, Fuller and Dworkin,Critical Legal Studies and Feminist Jurisprudence,Law and Economics, Postmodernism and Law,Philosophy and current issues. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| They see the development of social rules as well as the rules of law. | 9 | A |
| Identify the development of the rules and concepts of law in the historical process. | 16, 9 | A |
| Distinguish new required necessities related to law. | 9 | A |
| Interpret the relations between social changes and legal norms. | 16, 9 | A |
| Evaluates an issue he/she encounters as a lawyer. | 19 | A |
| Construct legal knowledge behind norms. | 16, 19, 9 | A |
| Develops a sense of justice by addressing various issues related to justice. | 13, 16, 19 | A |
| Understands the regulatory role of other rules in terms of social relations. | 10, 13, 16, 19, 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 | What is philosophy? | No prior preparation is required. |
| 2 | Philosophy as a base of law, Main philosophical perspectives | No prior preparation is required. |
| 3 | The relationship between law and other social norms | No prior preparation is required. |
| 4 | Fundamental Schools of philosophy of law | No prior preparation is required. |
| 5 | Natural Law and Natural Rights | No prior preparation is required. |
| 6 | Justice and Fairness, different kinds of justice | No prior preparation is required. |
| 7 | Freedom as a criterion of legitimacy in a legal systems | No prior preparation is required. |
| 8 | Short History of Natural law | No prior preparation is required. |
| 9 | Legal Positivism: Austin and Kelsen | No prior preparation is required. |
| 10 | Normativism: Kelsen, American Legal Realism | No prior preparation is required. |
| 11 | Current debate in philosophy of law: Hart, Fuller and Dworkin | No prior preparation is required. |
| 12 | Critical Legal Studies and Feminist Jurisprudence | No prior preparation is required. |
| 13 | Law and Economics, Postmodernism and Law | No prior preparation is required. |
| 14 | Philosophy and current issues | No prior preparation is required. |
| Resources |
| No Textbook will be provided |
| 1) Öktem, Niyazi; Ahmet Ulvi Türkbağ, Felsefe, Sosyoloji. Hukuk ve Devlet, Der Yayınları 2) Türkbağ, Ahmet Ulvi, Kanıtlanamayanı Kanıtlamak: Ronald Dworkin’in Hukuk Kuramı, Der’in Yayınları 3) Üskül, Zeynep, Ö., Bireyciliğe Tarihsel Bakış, Büke Yayınları |
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). | ||||||
| 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. | ||||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | X | |||||
| 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 | |