1 | Course Title: | LEGAL SYSTEM II |
2 | Course Code: | YAD2012 |
3 | Type of Course: | Optional |
4 | Level of Course: | First Cycle |
5 | Year of Study: | 2 |
6 | Semester: | 4 |
7 | ECTS Credits Allocated: | 4 |
8 | Theoretical (hour/week): | 2 |
9 | Practice (hour/week) : | 0 |
10 | Laboratory (hour/week) : | 0 |
11 | Prerequisites: | None |
12 | Recommended optional programme components: | It is preferred if students have received the course Legal System I. However, it is not required that students have taken or passed the course. |
13 | Language: | English |
14 | Mode of Delivery: | Face to face |
15 | Course Coordinator: | Araş.Gör.Dr. YAHYA BERKOL GÜLGEÇ |
16 | Course Lecturers: | |
17 | Contactinformation of the Course Coordinator: | Email: ybgulgec@uludag.edu.tr |
18 | Website: | |
19 | Objective of the Course: | The purpose of the course is to teach legal theories that play a crucial role in understanding legal systems, the theory of norms, and the theory of interpretation that affects the functioning of the legal systems. |
20 | Contribution of the Course to Professional Development | The course will contribute to the development of students' capabilities of legal argumentation while also enabling them to develop a comprehensive and integrated approach to various fields of law. |
21 | Learning Outcomes: |
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22 | Course Content: |
Week | Theoretical | Practical |
1 | Explanations regarding the scope of the course and introduction to theories of law | |
2 | Natural law theory from Aquinas to Alexy and Finnis | |
3 | Legal positivism and the distinction of inclusive-exclusive legal positivism | |
4 | Two faces of legal realism: The Scandinavian and the American realism | |
5 | Fundamental concepts related to the legal norm: Applicability and Efficacy | |
6 | Fundamental concepts related to the legal norm: Binding force and validity | |
7 | Types of validity, its conditions and different meanings | |
8 | Axio-systemic and axio-factual validity as the right amount of connection between law and morality | |
9 | Law and reason: Comments on Raz's theory of authority and Shapiro's planning theory of law | |
10 | Introduction to the theory of interpretation: Semiotics and Hermeneutics | |
11 | Principles of interpretation: Rule and exception | |
12 | Principles of interpretation: Powers | |
13 | Interpretation from the law and to the law | |
14 | On the validity and the binding force of interpretation principles |
23 | Textbooks, References and/or Other Materials: |
Hans Kelsen, Pure Theory of Law, 2nd Ed., New Jersey, Lawbook Exchange, 2008. H.L.A. Hart, The Concept of Law, 3rd Ed., Oxford, Clarendon Press, 2012. Yahya Berkol Gülgeç, Normlar Hiyerarşisi, 2nd Ed., İstanbul, On İki Levha, 2020. Kemal Gözler, "Yorum İlkeleri", Anayasa Hukukunda Yorum ve Norm Somutlaştırması, Ankara, KHP-TBB, 2013, pp. 15-119. |
24 | Assesment |
TERM LEARNING ACTIVITIES | NUMBER | PERCENT |
Midterm Exam | 1 | 40 |
Quiz | 0 | 0 |
Homeworks, Performances | 0 | 0 |
Final Exam | 1 | 60 |
Total | 2 | 100 |
Contribution of Term (Year) Learning Activities to Success Grade | 40 | |
Contribution of Final Exam to Success Grade | 60 | |
Total | 100 | |
Measurement and Evaluation Techniques Used in the Course | ||
Information |
25 | ECTS / WORK LOAD TABLE |
Activites | NUMBER | TIME [Hour] | Total WorkLoad [Hour] |
Theoretical | 14 | 2 | 28 |
Practicals/Labs | 0 | 0 | 0 |
Self Study and Preparation | |||
Homeworks, Performances | 0 | ||
Projects | |||
Field Studies | |||
Midtermexams | 1 | ||
Others | |||
Final Exams | 1 | ||
Total WorkLoad | |||
Total workload/ 30 hr | |||
ECTS Credit of the Course |
26 | CONTRIBUTION OF LEARNING OUTCOMES TO PROGRAMME QUALIFICATIONS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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LO: Learning Objectives | PQ: Program Qualifications |
Contribution Level: | 1 Very Low | 2 Low | 3 Medium | 4 High | 5 Very High |