General Public Law II
birdengungorenbulgan@gmail.com
Content
Objective
The aim of this course is to present different interpretations of the notions of “right” and to analyse its evolution through the history.
Course Content
Week 1. The social contract (Suarez and Hobbes)
Week 2 Right to propiety (Locke) and freedom of expression (Spinoza)
Week 3. Rousseau and the general will
Week 4. American Revolution
Week 5. Frech Revolution
Week 6. Critics of the french revolution (Traditionalist and utilitarist)
Week 7. Critics of the french revolution (Historical law school)
Week 8. German Idelism
Week 9. İdeologies and fascisme
Week 10. National socialism
Week 11. The Radbruch Formula
Week 12. Human Dignty, the universality an relativity of human rights
Course Learning Outcomes
The Student will have a wide knowledge of the different interpretations of the notion of “right”.
Teaching and Learning Methods
analyse textes about human rights
References
-Cemal Bâli Akal, İktidarın Üç Yüzü, Dost Yay.
- Cemal Bâli Akal, Modern Düşüncenin Doğuşu, Dost Yay.
-Der. Cemal Bâli Akal, Devlet Kuramı, Dost Yay.
- Oktay Uygun, Devlet Teorisi, On İki Levha Yayıncılık
-Cayla, Halpérin, Dictionnaire des grands oeuvres juridiques
- Ayferi Göze, Siyasi Düşünceler ve Yönetimler, Beta Yay.
-Mehmet Ali Ağaoğulları; Levent Köker, Kral-Devlet ya da Ölümlü Tanrı, İmge Yay.
-Cemal Bali Akal, Modern Düşüncenin Doğuşu, Dost Yayınevi, 2003
-Bertrand Binoche, Jean-Pierre Cléro, Bentham contre les droits de l’homme, Puf, Paris, 2007
-Alfred Dufour, Droits de l’homme droit naturel et histoire, Puf, Paris, 1991
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | The Fundamental Notions of Human Rights |
| 2 | Human Rights and Spanish Thinkers (Las Casas, Vitoria) |
| 3 | Cicero and the Res Publica |
| 4 | Theory of natural rights |
| 5 | Theory of social contract 1 (Rousseau Hobbes) |
| 6 | Theory of social contract 2 (Locke) |
| 7 | The American Revolution |
| 8 | The French Revolution |
| 9 | The Utilitarists |
| 10 | The utilitarist critic |
| 11 | The historicist critic |
| 12 | The human right conventions 1 |
| 13 | The human right conventions 2 |
| 14 | The universality an relativity of human rights |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 0 | 40 |
| Contribution of final exam to overall grade | 0 | 60 |
| Total | 0 | 100 |
| Activities | 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 |
| Total | 1 | 40 |
Relation of Proficiency
| 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 | ||||
ECTS
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 3 | 5 | 15 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 14 | 14 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 23 | 23 |
| 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 |
| Make-up | 0 | 0 | 0 |
| Yıl Sonu | 0 | 0 | 0 |
| Hazırlık Yıl Sonu | 0 | 0 | 0 |
| Hazırlık Bütünleme | 0 | 0 | 0 |
| Total Workload | 80 | ||
| Total Workload / 25 | 3.20 | ||
| Credits ECTS | 3 | ||