LAW
Bachelor TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF-LLL: Level 6

Course Introduction and Application Information

Course Code Course Name Semester Theoretical Practical Credit ECTS
LAW1152 Turkish Legal History Spring 1 2 2 4

Basic information

Language of instruction: Turkish
Type of course: Must Course
Course Level: Bachelor’s Degree (First Cycle)
Mode of Delivery: Face to face
Course Coordinator : Instructor FAHRETTİN DEMİRAĞ
Course Lecturer(s): Instructor FAHRETTİN DEMİRAĞ
Recommended Optional Program Components: None
Course Objectives: This is a multi-disciplinary course which combines law and history. The main objective of the course is to examine the evolution of Turkish law through it’s history, to discuss the structure of Ottoman law and to evaluate the meaning of the turkish legal revolution

Learning Outcomes

The students who have succeeded in this course;
Define the relation between the Ottoman Law and Pre-Islamic Turkish Law
Analyze the formation of the Islamic Law
Recognize the variations between the 19th-century legal reforms and the 20th-century legal revolution
Define the örfî and şerî character of Ottoman Law.
Analyze the historical evolution of the status of minorities in Turkey.
Recognize the differences between theory and practice in law through historical evolution.

Course Content

The contents of the course are limited to pre Ottoman and Ottoman legal history.

Weekly Detailed Course Contents

Week Subject Related Preparation
1) Introduction: The historical periods of Turkish Law
2) Pre-Islamic Turkish Law
3) The generalities of Islamic law
4) The sources of Islamic Law
5) The history of Islamic Law, the mezhebs
6) The Islamic and Ottoman Court
7) The generalities of Ottoman Law
8) Midterm
9) The structure of the Ottoman State
10) Minorities in Islamic and Ottoman Law
11) The pious foundations’ (vakf ) law
12) Islamic Criminal Law and the Ottoman application
13) Islamic Criminal Law and the Ottoman application II
14) The period of Tanzimat and the reception of European Law I
15) The period of Tanzimat and the reception of European Law II
16) Final exam

Sources

Course Notes / Textbooks: Turk Hukuk Tarihi, Mehmet Akif Aydin Beta Yayinlari
Turk Hukuk Tarihi, Coskun Ucok, Ahmet Mumcu, Gulnihal Bozkurt
References: Ders notlari ve cesitli makaleler
Class notes
During the semester, extra readings could be assigned.

Evaluation System

Semester Requirements Number of Activities Level of Contribution
Midterms 1 % 40
Final 1 % 60
Total % 100
PERCENTAGE OF SEMESTER WORK % 40
PERCENTAGE OF FINAL WORK % 60
Total % 100

ECTS / Workload Table

Activities Number of Activities Duration (Hours) Workload
Course Hours 16 3 48
Midterms 1 14 14
Final 1 28 28
Total Workload 90

Contribution of Learning Outcomes to Programme Outcomes

No Effect 1 Lowest 2 Low 3 Average 4 High 5 Highest
           
Program Outcomes Level of Contribution
1) List the relations between concepts and institutions related to various legal disciplines and this concepts and institutions. 4
2) Have the knowledge of legal methodology and methods of comment. 3
3) Comment the modern legal gains with the historical knowledge. 5
4) Have the knowledge of philosophical currents of thought which are the bases of legal rules. 5
5) Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them. 2
6) Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine. 2
7) Use at least one foreign language as scientific language.
8) Have the knowledge of the political and juridical foundation of the state. 5
9) Have the knowledge of the historical development of the rights of individuals and societies and of the basic documents which are accepted throughout this development. 5
10) Have the ability to resolve the disagreements which can violate the social order in national or international level. 1
11) Have the ability to prevent the juridical disagreements between individuals. 1
12) Have the knowledge of international and comparative law systems. 3
13) Have the knowledge of the construction and the conduct of the national and international commercial relations.
14) Use Turkish in an efficient way both verbal and written. 5
15) Have the professional and ethical responsibility. 3
16) Have the knowledge on the European Union’s legislation and institutions.
17) Have the knowledge on juridical regulations and applications related to economical and financial mechanisms. 2
18) Have the knowledge of the operation of the national and the international judicial bodies.