| Teaching Staff
|
Dr. Öğr. Üyesi Nezahat DEMİRAY |
| Language of Instruction |
Türkçe (Turkish) |
| Type Of Course |
Compulsory |
| Prerequisites |
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| Recommended Optional Programme Component |
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| Course Objectives |
The purpose of the course is to accentuate the importance of ―reading, thinking,asking and writing‖ in one of the distinguishing characteristics of lawyers-―thinking in a
legal manner‖. In this concept, the methods regarding the determination of the types and qualifications and resolutions of disputes, along with the implementation of the theoretical knowledge gained at law school will be taught in a methodic manner. |
| Course Content |
The application of reasoning and logic rules in law, norm concept, hierarchy of norms, interpretation in law, interpretation principles and interpretation methods |
| Learning Outcomes (LO) |
1. A general evaluation of research methods in social sciences (To be able to discuss the position of law and science in social sciences)
2. Disclosure of differences in methodology of law
3. Methodological evaluation of Turkish legal system (sources of law, role of judge,
4. Interpretation of law and interpretation techniques in law
5. The relationship between the universal principles of law and normative interpretation |
| Mode of Delivery |
Face to face |
| Course Outline |
| Week |
Topics |
| 1. Week |
Methodology - method in science - method in law - place of law in science system - questions asked by philosophy and philosophy of law - is it legal science? Or what is Law? Does non-scientific science involve experimentation? Why can not cover? |
| 2. Week |
Civil Code m. 1 - The sources of the law ie the work of the judge (?) - Are there similar regulations in the legislation in the law? - Where are these regulations and why? |
| 3. Week |
Civil Code m. 1 - Auxiliary sources of the judge I - scientific works, qualifications of scientific works (general sources - the distinction between scientific sources,
Created, arbitration-editor, scientific papers, scientific sources in law in Turkey) |
| 4. Week |
Civil Code m. 1 - Judicial resources II - Judgments of the court - Judgment of Judgments and their binding - Judgments of appeal positive / negative aspects |
| 5. Week |
Civil Code m. 1 - The main sources of the judge I - Application of the law of the judiciary (and before) - Application of the abstract norm to the concrete - with examples (from the Civil Code on marriage, engagement, etc. regulations) |
| 6. Week |
Civil Code m. 1 - The main sources of the judiciary I - The rule of law (abstract rule-concrete event-proposition formation) (from the Civil Code through marriage, engagement, etc. regulations) as a proposition in the application of the rule of law, |
| 7. Week |
Civil Code m.1 - Essential sources of the judge I-II-III- A basic view that the judge needs to understand, interpret and fill the legal rules: human rights - value philosophy for the value of man in philosophy and human rights, human rights law and even the concept of law to be objective and Ioanna Kuçuradi's Accurate Assessment Approach |
| 8. Week |
Midterms |
| 9. Week |
Civil Code m. 1 - The main sources of the judiciary I- The system of legal rules (law, book, volume, section, sub-clause, sub-clause ...), Legal examples of the law and form analysis, RG, |
| 10. Week |
The basis of law - How should law be settled? |
| 11. Week |
Examination of the Law Norm |
| 12. Week |
Fundamental sources of the judiciary II- Examples of legal-customary law-customary law, examples- Criminal Law and customary, Trade Law and customary |
| 13. Week |
Principal sources of the judge III- Legal creation of the judge |
| 14. Week |
Principles in law interpretation - The principle of modality |
|
| Assessment |
| |
Percentage(%) |
| Mid-term (%) |
40 |
| Quizes (%) |
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| Homeworks/Term papers (%) |
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| Practice (%) |
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| Labs (%) |
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| Projects/Field Work (%) |
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| Seminars/Workshops (%) |
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| Final (%) |
60 |
| Other (%) |
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| Total(%) |
100 |
|
| Course Book (s) and/or References |
1. Y. Işıktaç- S. Metin, Hukuk Metodolojisi, İst, Filiz Y., 2016
2. İ. Kuçuradi, İnsan ve Değerleri – Değer Problemi, Ankara, TFK, 2003
3. Y. Metin, Ölçülülük İlkesi, Karşılaştırmalı Bir Anayasa Hukuku İncelemesi, Ankara, Seçkin
Y., 2002
4. Nermin Yavlal-Gedik, “İ.Kuçuradi’nin İnsan Hakları Görüşü”
5. C. Rumpf, “Ölçülülük Kavramı ve Gelişimi”, Anayasa Yargısı, c.10
6.Derse ilişkin diğer materyaller Google Classroom uygulaması üzerinden paylaşılacaktır. |
| Work Placement(s) |
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| The Relationship between Program Qualifications (PQ) and Course Learning Outcomes (LO) |
P1 | P2 | P3 | P4 | P5 | P6 | P7 | P8 | P9 | P10 | P11 | P12 | P13 | O1 | 5 | | | 2 | | | 3 | | | | | | | O2 | 3 | 3 | 3 | | | 5 | | 3 | 1 | | 3 | 4 | | O3 | | 3 | | | | 5 | | | | | | | | O4 | | 4 | | | 5 | 4 | 3 | | | | 3 | | 2 | O5 | | | | | 5 | 4 | | | | | 3 | | |
|