Information Package / Course Catalogue
| 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 228 | ||||||
| Course Title in English | Transitional Justice | ||||||
| Course Title in Turkish | Geçiş Dönemi Adaleti | ||||||
| Language of Instruction | EN | ||||||
| Type of Course | Flipped Classroom | ||||||
| Level of Course | Introductory | ||||||
| Semester | Spring,Fall | ||||||
| Contact Hours per Week |
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| Estimated Student Workload | 106 hours per semester | ||||||
| Number of Credits | 4 ECTS | ||||||
| Grading Mode | Standard Letter Grade | ||||||
| Pre-requisites | None | ||||||
| Expected Prior Knowledge | None | ||||||
| Co-requisites | None | ||||||
| Registration Restrictions | Only Undergraduate Students and Erasmus | ||||||
| Overall Educational Objective | Students will acquire a basic knowledge on theory and practice of transitional justice. The course will enable them to develop their own perspective on aims and usefulness of transitional justice mechanisms implementation. Thus, they will be able to assess the conditions of success to come to terms with the past in emerging democracies and post-conflict societies and discuss and criticize the applied transitional justice mechanisms in selected case studies. | ||||||
| Course Description | The main aim of the course is to examine how countries that emerged from conflict and authoritarian rule deal with the mass atrocities and human rights abuses legacies and how past injustices are reconciled. This interdisciplinary field of research and practice aims to understand and advance a complex range of goals and mechanisms, including strengthening democratic transitions and peacebuilding processes to enable reconciliation. By providing a broad conceptual understanding of this emerging field, the course enables critical examination of the historical and contemporary uses of different justice interventions and transitional justice mechanisms through selected case studies. Starting with the atrocities of World War II, the course first examines Nuremberg and Tokyo trials to further proceed to the challenges of the transition caused by fall of communism, ethnic conflicts, and apartheid, among others. It then progresses with analyzing contemporary issues arising from the ongoing conflicts and ends with the discussion about the future developments in the field. | ||||||
| Course Description in Turkish | Dersin genel amacı çatışma ve otoriter rejimlerinden ortaya çıkan ülkelerin toplu zulüm ve insan hakları ihlalleri mirası ile idare etme şekli ve geçmişteki adaletsizliklerinin uzlaşmasını analiz etmektedir. Araştırma ve uygulamalı olan bu çok disiplinli alanı, uzlaşmayı mümkün kılan ve demokratik geçişler ve barış inşası süreçleri dahil olan çetrefilli mekanizma ve hedef yelpazesini anlamaya ve geliştirmeye amaçlanıyor. Vaka çalışmalar merci kullanarak, bu ders çeşitli tarihi ve çağdaş adalet müdahalelerin kullanımlarının eleştirel bir inceleme sağlıyor. Nuremberg ve Tokyo mahkemelerinden başlayarak bu ders, diğerleri arasında, komünizmin düşüşü, etnik çatışmalar ve apartheid sebebi olan geçişlerin meydan okumalarıyla devam ediyor. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understand basic theoretical framework of transitional justice 2) Develop a perception on the conditions of success of transitional justice implementation 3) Understand the core meaning of “coming to terms with the past” 4) Interpret the policies to be applied in transiting societies through certain basic values such as justice or equity 5) Identify and understand the characteristics and importance of the transitional justice mechanisms 6) Assess and criticize different approaches in the application of the transitional justice mechanisms in some countries 7) Discuss the ongoing conflicts and propose the potential solutions from the aspect of the transitional justice |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 | 7 |
|---|---|---|---|---|---|---|---|
| 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. | S | Exam |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | S | Exam |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | H | Exam |
| 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. | 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. | N | |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | H | 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). | 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. | S | Exam |
| 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. | N | |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | H | Exam |
| Prepared by and Date | SENADA ZATAGIC , January 2023 |
| Course Coordinator | SENADA ZATAGIC |
| Semester | Spring,Fall |
| Name of Instructor | Öğr. Gör. SENADA ZATAGIC |
Course Contents
| Week | Subject |
| 1) | Introduction – presentation of the course content Conceptualizing Transitional Justice – What is Transitional Justice? |
| 2) | Why Transitional Justice? - Peacebuilding, Reconciliation, Democratization and Rule of Law |
| 3) | Transitional Justice Mechanisms and Goals |
| 4) | Post-World War II Tribunals – Nuremberg and Tokyo Trials |
| 5) | Lustration and Post-Communism Transition in Eastern Europe |
| 6) | International Criminal Tribunals and Hybrid Criminal Tribunals |
| 7) | Midterm exam |
| 8) | Amnesties and Reparations |
| 9) | Truth-telling and Truth Commissions |
| 10) | Development and Transitional Justice |
| 11) | Traditional and Alternative Approaches to Transitional Justice |
| 12) | Current Issues in Transitional Justice |
| 13) | The Future of Transitional Justice |
| 14) | Final Examination Period |
| 15) | Final Examination Period |
| 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. Recommended books: Teitel, R. G. (2000). Transitional Justice, Oxford University Press Lawther, C., Moffett, L., Jacobs, D. (2017). Research Handbook on Transitional Justice, Edward Elgar Publishing Subotić, J. (2009). Hijacked Justice – Dealing with Past in Balkans, Cornell University Press | |||||||||||||||
| Teaching Methods | Flipped classroom Lectures Presentations Assignments | |||||||||||||||
| Homework and Projects | The students will prepare the homeworks on assigned topics. | |||||||||||||||
| Laboratory Work | ||||||||||||||||
| Computer Use | For the research on the internet and preparing the assignments the students should be equipped with a laptop or tablet each lesson. | |||||||||||||||
| Other Activities | ||||||||||||||||
| Assessment Methods |
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| Course Administration |
zatagics@mef.edu.tr |
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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 | 2 | 2 | 70 | ||
| Presentations / Seminar | 1 | 6 | 6 | ||||
| Project | 1 | 6 | 6 | ||||
| Midterm(s) | 1 | 8 | 8 | ||||
| Final Examination | 1 | 16 | 16 | ||||
| Total Workload | 106 | ||||||
| Total Workload/25 | 4.2 | ||||||
| ECTS | 4 | ||||||