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) | Ahmet Ulvi TÜRKBAĞ auturkbag@hotmail.com (Email) |
| Assistant | |
| Objective | 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. |
| Content |
Week 1. What is philosophy? Week 2. Philosophy as a base of law, Main philosophical perspectives Week 3. The relationship between law and other social norms Week 4. Fundamental Schools of philosophy of law Week 5. Natural Law and Natural Rights Week 6. Justice and Fairness, different kinds of justice Week 7. Freedom as a criterion of legitimacy in a legal systems Week 8. Short History of Natural law Week 9. Legal Positivism: Austin and Kelsen Week 10. Normativism: Kelsen, American Legal Realism Week 11. Current debate in philosophy of law: Hart, Fuller and Dworkin Week 12. Critical Legal Studies and Feminist Jurisprudence Week 13. Law and Economics, Postmodernism and Law Week 14. Philosophy and current issues |
| Course Learning Outcomes |
1. Students get as a skill ‘thinking of lawyers’ 2. Legal knowledge behind norms 3. Sense of justice via debating lots of problems about justice. |
| Teaching and Learning Methods | |
| References |
Jeffrie G. Murphy, Jules L. Coleman, Philosophy of Law, Westview Press, 1990. Michael Freeman, Dennis Llyod Llyod of Hemstead, Llyod’s Introduction to Jurisprudence, 7Rev Ed edition, Sweet & Maxwell, 2001. |
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 | 14 | 2 | 28 |
| Midterm Examinations (including preparation) | 1 | 8 | 8 |
| Total Workload | 64 | ||
| Total Workload / 25 | 2.56 | ||
| Credits ECTS | 3 | ||