LAW 203 Philosophy of LawMEF UniversityDegree Programs LawGeneral Information For StudentsDiploma SupplementErasmus Policy Statement
Law
Bachelor Length of the Programme: 4 Number of Credits: 240 TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF: Level 6

Ders Genel Tanıtım Bilgileri

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
Lecture: 2 Recitation: Lab: Other:
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 Competences

Upon 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.

Relation to Program Outcomes and Competences

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

Course Contents

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 ReadingsAll 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 MethodsFlipped classroom
Homework and Projects
Laboratory Work
Computer Use
Other Activities
Assessment Methods
Assessment Tools Count Weight
Midterm(s) 1 % 40
Final Examination 1 % 60
TOTAL % 100
Course Administration

ECTS Student Workload Estimation

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