Philosophy Of Law(HUK198)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK198 | Philosophy Of Law | 2 | 2 | 0 | 0 | 2 | 3 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Compulsory |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Zeynep Özlem ÜSKÜL ENGİN zeynepuskul@yahoo.com (Email) Dolunay ÇÖREK dolunaycorek@gmail.com (Email) |
| Assistant | |
| Objective |
1- Students will start the key question: what are the core values, above and beyond all legal system, that law exist to realize them? 2- In order to go further and improve their answer, students will review the history of philosophy of law, especially focus on some miles stone of this history just as ancient Greek, Hellenistic, Scholastic, Islamic, modern and postmodern. 3- Students will review and find out the links among major philosophical theories of law and fundaments of our legal system. 4- As a crucial point, students can differentiate ‘legal states’ which have a lot of legal regulations just as acts, bylaws etc. and Rule of Law or Constitutional States which every institutions and officers of the State subject to legal reviews. |
| Content | This course will introduce students to the fundamental components of legal theory and philosophy of law. Differences, intersections and debates between various theories will be analyzed |
| Course Learning Outcomes |
1- Analyze very well, which values should any legal system keep intact in order to save subjects, citizen’s rights? 2- Analyze the connection between these values and the ratio legis’ of legal regulations. 3- Critique the philosophical theories and their conceptions of law and legal institutions. 4- Evaluate, compare and contrast key current theories and their impacts on legal concepts of our times. |
| Teaching and Learning Methods | examination, interactive participation |
| References |
Students will be required to read excerpts from various thinkers that will be discussed during lectures. Those texts will be announced prior to the lectures and will be available in the photocopy center which is located in the university campus. The list of recommended test as follows: ÖKTEM, Niyazi; TÜRKBAĞ, Ahmet Ulvi, Felsefe, Sosyoloji, Hukuk ve Devlet, 7. Baskı, Der Kitabevi Yayınevi, İstanbul, 2017. DWORKIN, R., Hakları Ciddiye Almak, (Çev. Ahmet Ulvi Türkbağ), Dost Yayınları, Ankara, 2007. FULLER, L., Hukukun Ahlakı, (Çev. Engin Arıkan), Tekin Yayınevi, İstanbul, 2016. AUSTİN, John, Hukukun Belirlenmiş Alanı, (Çev. Ülker Yükselbaba & Saim Üye & Umut Koloş), Tekin Yayınevi, İstanbul, 2015. BENTHAM, Jeremy, Yasamanın İlkeleri, (Çev. Barkın Asal), On İki Levha, İstanbul, 2017. Articles TÜRKBAĞ, Ahmet Ulvi, “Descartes’in Üç Rüyası”, İstanbul Üniversitesi Hukuk Fakültesi Mecmuası, Cilt 55, Sayı 4, 1997, s. 25-43. TÜRKBAĞ, Ahmet Ulvi, “Immanuel Kant’ta Özgürlük, Ahlak, Hukuk ve Devlet”, Hukuk Felsefesi ve Sosyolojisi Arkivi, 2. Sayı, Şubat 1995, s. 71-80. TÜRKBAĞ, Ahmet Ulvi, “Hart-Dworkin Tartışmasının Ana Hatları”, Anayasa Yargısı, 27. Sayı, Haziran 2011, s. 71-82. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | What is philosophy? |
| 2 | Philosophy as a base of law, Main philosophical perspectives |
| 3 | The relationship between law and other social norms |
| 4 | Fundamental Schools of philosophy of law |
| 5 | Natural Law and Natural Rights |
| 6 | Justice and Fairness, different kinds of justice |
| 7 | Freedom as a criterion of legitimacy in a legal systems |
| 8 | Short History of Natural law |
| 9 | Legal Positivism: Austin and Kelsen |
| 10 | Normativism: Kelsen, American Legal Realism |
| 11 | Current debate in philosophy of law: Hart, Fuller and Dworkin |
| 12 | Critical Legal Studies and Feminist Jurisprudence |
| 13 | Law and Economics, Postmodernism and Law |
| 14 | Philosophy and current issues |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 40 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Toplam | 1 | 40 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing fundamental legal concepts, defining, interpreting and using them. | X | ||||
| 2 | Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. | X | ||||
| 3 | Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. | X | ||||
| 4 | Being able to determine, identify and restate legal problems. | X | ||||
| 5 | Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. | X | ||||
| 6 | Being able to conduct academic researches on legal problems and to propose solutions. | X | ||||
| 7 | Assuming responsibility individually or collectively for resolving complicated legal problems. | X | ||||
| 8 | Being able to criticise positive norms of the law system. | X | ||||
| 9 | Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner. | X | ||||
| 10 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals. | X | ||||
| 11 | Being able to conduct comparative academic researches between different law systems. | X | ||||
| 12 | Respecting human rights and universal principals and notions of law. | X | ||||
| 13 | Respecting the ethical standarts, good faith, fairness and equity principals. | X | ||||
| 14 | Being sensitive to social problems, democracy, laicism and rule of law principal. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 10 | 2 | 20 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 8 | 8 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 10 | 10 |
| Quiz | 0 | 0 | 0 |
| Term Paper/ Project | 0 | 0 | 0 |
| Portfolio Study | 0 | 0 | 0 |
| Reports | 0 | 0 | 0 |
| Learning Diary | 0 | 0 | 0 |
| Thesis/ Project | 0 | 0 | 0 |
| Seminar | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| Total Workload | 66 | ||
| Total Workload / 25 | 2,64 | ||
| Credits ECTS | 3 | ||