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COURSE SYLLABUS
LEGAL SYSTEM II
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:
1 Gaining knowledge on three most important legal theories such as natural law, legal positivism, and legal realism;
2 Comprehending the similarities and the differences between expressions such as rule, norm, and principle which are frequently employed in legal language;
3 Developing the skills of abstract thinking and reasoning with regard to legal problems ;
4 Developing a fundamental understanding of hermeneutic issues concerned with the functioning of legal systems;
5 Helping the students to develop an ability to notice semantic, epistemological, and other theoretical nuances that may play a role in the solution of theoretical questions and problems;
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
PQ1 PQ2 PQ3 PQ4 PQ5 PQ6 PQ7 PQ8 PQ9 PQ10 PQ11 PQ12 PQ13 PQ14 PQ15 PQ16
LO1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
LO2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
LO3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
LO4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
LO5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
LO: Learning Objectives PQ: Program Qualifications
Contribution Level: 1 Very Low 2 Low 3 Medium 4 High 5 Very High
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