History of Law
fgkaragoz@gsu.edu.tr
Content
Objective
The aim of the cours is to study the different juridical systems and philosophes which influence the formation of the turkish contemporary law
Course Content
This course introduces the major stages of legal history from a comparative perspective. It covers the formation of legal culture in the Ancient World (Mesopotamia, Egypt, Greece), the normative structure of Jewish Law, the interaction between Christian thought and Roman Law, the emergence and sources of Islamic Law, and the Ottoman legal system with its distinction between shari‘a and customary law. The course aims to help students understand diverse legal traditions within their historical contexts.
Course Learning Outcomes
In this course, the students:
- Gain a comparative perspective within historical and universal dimension.
- Can analyse the historical background of Turkish law.
Teaching and Learning Methods
Comparison of different legal systems
The analyze and the evaluation of the literature about turkish legal history
References
ORTAYLI İlber, İmparatorluğun En Uzun Yüzyılı, Istanbul 2006
ÜÇOK Coşkun, MUMCU Ahmet, BOZKURT Gülnihal, Türk Hukuk Tarihi, Ankara 2006
AYDIN Mehmet Akif, Türk Hukuk Tarihi, Vakıflar ile ilgili bölüm
IMBER Colin “Why should you poison your husband: A Note on Liability in Hanafi Law
in the Ottoman period”
İNALCIK Halil “Osmanlı Hukukuna Giriş”, Köy, Köylü, İmparatorluk”, “Osmanlılarda Raiyyet Rüsumu”
HEYD Uriel “Eski Osmanlı Hukuku’nda Kanun ve Şeriat”
MILLER Ruth, “The Legal History of the Ottoman Empire”
MANDAVILLE John, “Faizli Dindarlık”
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | Introduction |
| 2 | The Antiquity |
| 3 | Jewish family law |
| 4 | Jewish Law: Sources, historical evolution, the birth of Christianity, Rome and church |
| 5 | Marriage, family, and divorce in orthodox christian law |
| 6 | Leibniz and Law |
| 7 | Introduction to islamic law |
| 8 | Islamic law |
| 9 | Introduction to ottoman law |
| 10 | Ottoman criminal law |
| 11 | Land law: Feodalism and the Ottomans |
| 12 | Women and family law |
| 13 | The period of Tanzimat |
| 14 | The period of Tanzimat |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Total | 2 | 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 |
| Make-up | 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 | 14 | 1 | 14 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 12 | 12 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 14 | 14 |
| 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 | 68 | ||
| Total Workload / 25 | 2.72 | ||
| Credits ECTS | 3 | ||