School/Faculty/Institute | Faculty of Law | ||||
Course Code | LAW 203 | ||||
Course Title in English | Philosophy of Law | ||||
Course Title in Turkish | Hukuk Felsefesi | ||||
Language of Instruction | EN | ||||
Type of Course | Lecture | ||||
Level of Course | Intermediate | ||||
Semester | Fall | ||||
Contact Hours per Week |
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Estimated Student Workload | 94 hours per semester | ||||
Number of Credits | 4 ECTS | ||||
Grading Mode | Standard Letter Grade | ||||
Pre-requisites | None | ||||
Expected Prior Knowledge | Lisans ve Erasmus öğrencileri | ||||
Co-requisites | None | ||||
Registration Restrictions | None | ||||
Overall Educational Objective | Students will acquire a basic knowledge on different theoretical approaches to the problem of the source of law. The course will enable them to develop their own perspective on the same issue, thus they will not be mere technicians of law but real lawyers. | ||||
Course Description | The course aims to provide students with basic knowledge for a critical thinking on the nature and content of the concept of law. Thus it presents firstly theoretical foundations of legal positivism and natural law schools as main approaches to the problem of the source of law. Subsequently it offers a critical analysis of the theory of sovereignty. Then it shows how supranational level challenges to the concept of sovereignty affect the perception concerning the source of law. Finally, it offers basics of an evolutionary perspective to explain universal aspects of legal orders of human societies. | ||||
Course Description in Turkish | Dersin genel amacı öğrencilere hukuk kavramının doğası ve içeriği hakkında temel bir bilgi düzeyi sağlamaktır. Bu amaç çerçevesinde ilk önce hukuki pozitivizm ve doğal hukuk okullarının temelleri aktarılacaktır. Ardından egemenlik kuramının eleştirel bir analizi yapılacaktır. Daha sonra ulusalüstü hukuk düzleminde egemenlik kuramını geçersiz kılan gelişmelerin hukukun kaynağı konusundaki bakışı nasıl etkilediği aktarılacaktır. Son olarak, insan toplumlarının hukuk düzenlerinin evrensel yönlerini açıklama potansiyeli olan bir evrimsel bakış sunulacaktır. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understand basic premises of the main schools of legal philosophy 2) Develop a perception on the source of law 3) Understand the core meaning of the rule of law 4) Interpret legal norms according to certain basic values such as justice or equality |
Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
---|---|---|---|---|
1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | ||||
2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | ||||
3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | ||||
4) The ability to internalize social, scientific and ethical values while evaluating legal information. | ||||
5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | ||||
6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | ||||
7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | ||||
8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | ||||
9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | ||||
10) Adoption of a positive approach to the concept of lifelong learning. | ||||
11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | ||||
12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
N None | S Supportive | H Highly Related |
Program Outcomes and Competences | Level | Assessed by | |
1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | H | Exam |
2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | H | Exam |
3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | S | Exam |
4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | H | Exam |
5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | H | Exam |
6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam |
7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | S | Exam |
8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | S | Exam |
9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | S | Exam |
10) | Adoption of a positive approach to the concept of lifelong learning. | S | Exam |
11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | S | Exam |
12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | S | Exam |
Prepared by and Date | , January 2024 |
Course Coordinator | AKTS1 |
Semester | Fall |
Name of Instructor |
Week | Subject |
1) | Introduction and presentation of the course content |
2) | Natural law school |
3) | Legal positivism |
4) | Theory of sovereignty |
5) | Criticisms of the theory of sovereignty |
6) | The doctrine of raison d’Etat and the concept of “state of exception” |
7) | Theoretical foundations of supranational human rights law |
8) | Theoretical foundations of international criminal law |
9) | Midterm exam |
10) | Norm and legitimacy |
11) | Universal aspects of legal orders |
12) | Interaction between legal order and other social orders |
13) | External challenges of neuroscience to law |
14) | An evolutionary approach to the concept of law |
Required/Recommended Readings | All course materials will be provided by the lecturer. The students don't need to buy and books etc. For the research on the internet the students should be equipped with a laptop or tablet each lesson. | ||||||||||||
Teaching Methods | Flipped classroom | ||||||||||||
Homework and Projects | |||||||||||||
Laboratory Work | |||||||||||||
Computer Use | |||||||||||||
Other Activities | |||||||||||||
Assessment Methods |
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Course Administration |
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Activity | No/Weeks | Hours | Calculation | ||||
No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
Course Hours | 14 | 1 | 3 | 56 | |||
Midterm(s) | 2 | 8 | 2 | 20 | |||
Final Examination | 1 | 16 | 2 | 18 | |||
Total Workload | 94 | ||||||
Total Workload/25 | 3.8 | ||||||
ECTS | 4 |