| School/Faculty/Institute | Faculty of Law | |||||
| Course Code | HUK 209 | |||||
| Course Title in English | Turkish Legal History | |||||
| Course Title in Turkish | Türk Hukuk Tarihi | |||||
| Language of Instruction | TR | |||||
| Type of Course | Lecture | |||||
| Level of Course | Seçiniz | |||||
| Semester | Fall | |||||
| Contact Hours per Week |
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| Estimated Student Workload | 58 hours per semester | |||||
| Number of Credits | 2 ECTS | |||||
| Grading Mode | Standard Letter Grade | |||||
| Pre-requisites | None | |||||
| Expected Prior Knowledge | It is envisaged that this course will build on the knowledge students have gained from the Introduction to Law and other basic courses they took in the first year. | |||||
| Co-requisites | None | |||||
| Registration Restrictions | Only Undergraduate Students | |||||
| Overall Educational Objective | By teaching this course in a relatively early semester, it is possible to create a supportive infrastructure for the courses students will take in the third semester and beyond. This course aims not only to create a legal culture, but also to inform people about the process of creating positive legal rules and to develop their interpretive skills. | |||||
| Course Description | The students will learn about Turkish law before Islam, Turkish law under the influence of Islam (especially during the Ottoman Era) and Westernisation and secularisation of Turkish law. | |||||
| Course Description in Turkish | İslam Hukukunun etkisinden önceki Türk Hukuku, İslam Hukukunun etkisindeki Türk Hukuku –özellikle Osmanlı dönemi Hukuku-, Türk Hukukunun batılılaşması ve laikleşmesi. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Examines the historical periods of Turkish law. 2) Understands the periods of legal history comparatively. 3) It follows the structural and institutional changes that have occurred throughout the history of law. 4) Understand the relationship between legal history and other fields of law (philosophy of law, politics of law, sociology of law, etc.) and acquire the ability to interpret issues in the scientific field of legal history. 5) Understand the religious, traditional and moral factors that have been effective in the emergence of legal systems from antiquity to the present and the role they play in shaping legal rules. 6) Understands the place of norms, expressed by concepts such as legal rule, order and law, in the legal system, their sanction values and where they derive their sanctioning power. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| 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. | N | |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | N | |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | N | |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | N | |
| 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. | N | |
| 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. | N | |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | S | |
| 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). | N | |
| 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. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
| 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. | H | |
| 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 |
| Prepared by and Date | İLBER ORTAYLI , January 2024 |
| Course Coordinator | İLBER ORTAYLI |
| Semester | Fall |
| Name of Instructor | Prof. Dr. İLBER ORTAYLI |
| Week | Subject |
| 1) | Introduction to Turkish Legal History and Sources |
| 2) | Old Turkish Law |
| 3) | General structure and development of Islamic law |
| 4) | Turkish Law under the Influence of Islamic Law - Early Periods |
| 5) | Early Ottoman Law |
| 6) | Ottoman Law - Classical Period |
| 7) | Ottoman Law - Recent Period |
| 8) | Tanzimat period and its impact on the law |
| 9) | Influence of Western Law on Turkish Law |
| 10) | Reception and codification studies of Turkish law |
| 11) | Ottoman Land Regime and Land Code |
| 12) | Ottoman Foundation Regime and Mecelle |
| 13) | Family Law Decree and its Application |
| 13) | Family Law Decree and its Application |
| 14) | Transformation of Turkish Law into Western Law |
| 15) | Finals |
| 16) | Finals |
| Required/Recommended Readings | Coşkun Üçok/Gülnihal Bozkurt, Türk Hukuk Tarihi, Seçkin Yayıncılık (last edition). Mehmet Akif Aydın: Türk Hukuk Tarihi, Beta Basım (last edition). Mehmet Akif Aydın: İslam-Osmanlı Aile Hukuku, Klasik Yayınları (last edition). Ali Hikmet Berki: Açıklamalı Mecelle, Hikmet Yayınları. Gülnihal Bozkurt: Batı Hukukunun Türkiye’de Benimsenmesi, Türk Tarih Kurumu Yayınları (last edition). Sina Akşin: Kısa Türkiye Tarihi, Türkiye İş Bankası Yayınları (last edition). Feroz Ahmad: Modern Türkiye’nin Oluşumu, Kaynak Yayınları (last edition). İlber Ortaylı, İmparatorluğun En Uzun Yüzyılı, Timaş Yayınları (last edition). İlber Ortaylı, Kadı, Kronik Kitap (last edition). | ||||||
| Teaching Methods | Theoretical narrative followed by decision readings and application studies on the topic | ||||||
| Homework and Projects | |||||||
| Laboratory Work | |||||||
| Computer Use | |||||||
| Other Activities | |||||||
| Assessment Methods |
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| Course Administration |
ortaylii@mef.edu.tr Ara sınav (vize) %40, Dönem sonu sınavı (final) %60 |
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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 | 2 | 42 | |||
| Midterm(s) | 1 | 6 | 2 | 8 | |||
| Final Examination | 1 | 6 | 2 | 8 | |||
| Total Workload | 58 | ||||||
| Total Workload/25 | 2.3 | ||||||
| ECTS | 2 | ||||||