Graduate Program

Autumn Term


COURSE NAME

ACADEMİC MEMBER

CREDİT

Special Topics in the Theory of the Modern State Prof. Dr. Levent Köker 3
Philosophy of Law Assoc. Prof. Dr. Selahattin Keyman 3
Constitutional Law (Rule of law) Prof. Dr. Tunçer Karamustafaoğlu 
/Inst. D. Çiğdem Sever
3
Relations of Individual-Society and State Prof. Dr. Şahin Yenişehirlioğlu 3


Spring Term


COURSE NAME
ACADEMİC MEMBER CREDİT
Politics and Law at International Relations Prof. Dr. Levent Köker 3
Sociology of Law (Sociologic Law Science) Assoc. Prof. Dr. Selahattin Keyman 3
Constitutional Law II. (Political Systems) Prof. Dr. Tunçer Karamustafaoğlu               
/Inst. D. Çiğdem Sever
3
Yabancıların Temel Hak ve Özgürlükleri Prof. Dr. Füsun ARSAVA
/Öğr. Gör. Doğa ELÇİN
3

CONTENTS OF COURSES OF AUTUMN TERM

Special Topics in the Theory of the Modern State

In this course the concept of modern state is examined in the context of ideal-typical characteristics like the rule of law, national state and democratic state and critical appraisals are examined. Also the principle of unity of rule of law and democracy, views of the relation of differences and democracy which affects national state and the concept of justice which is seen as base of legitimacy of modern state.

Constitutional Law (Rule of law)

The concept of rule of law is the most popular and arguable concept in political science and public law in terms of being vague and formed from many other sub-principles. In the context of this course, the differences between the concept of Rule of law in common law system and concept of Rechtsstaat in continental Europe is an important focus to understand the principles in a historical point of view. Therefore, the relationship between the historical development of rule of law and Rechtsstaat and the development of modern state is important to comprehend and compare the different understandings and applications of rule of law. Afterwards, the situation in Turkey shall be argued especially by considering the Court decisions.

Relations of Individual-Society and State

In this course some concepts are questioned. What is freedom and what should be? How a subject is individual in front of the state? According to philosophies, especially Platon, why exists state and how can freedom be determined in the state? How is definition of individual and how should be? What is objective-social morality and how should be? In this course resolutions of philosophies like Jean-Jacques Rousseau, Kant, Hegel, Marx will be examined. Then we face with social regimes like timocracy, oligarchy, democracy… How is examined this problematic in monotheistic religions, why stays mancipation? In the context of these problematic, relations of individual, society and state will be enlightened.

Philosophy of Law

In this course the subject of the philosophy of law shall be determined in the light of the analysis of the relationship among law-philosophy and science and the main different two approaches to law shall be argued: Formalist law theory and natural law theory. To understand the natural law theory, it’s necessary to compare natural law with positive law and to analyse historically the thought of Grotius, Hobbes and Rousseau. Afterwards, in the subject of formalist view of law, it’s been focused on positivist views of Kelsen and Hart comparatively.

 

CONTENTS OF COURSES OF SPRING TERM

Politics and Law at International Relations

Main subject of this course is approaches appraising the concept of superiority of international law, which aims “permanent peace”, and the concept of superiority of politics, which functions with regard to “permanent war”. In this context ideas of theoreticians especially I. Kant, J. Rawls, C. Schmitt, Habermas, E.H. Carr and H. C. Morgenthau, Negri, Hardt, Cox and R. Falk are examined.

Constitutional Law II. (Political Systems)

The composition of a government and the main principles in foundation of a government is the most important element in the political system of a country. Therefore, the characteristics and change in the political system is an important subject in political science and constitutional law. In this course, the historical development of the systems shall be analysed comparatively. The subjects of the course include the political systems in the countries being managed by the system of separation of powers or fusion of powers.   

Sociology of Law (Sociologic Law Science)

Relations between law and sociology appear as two forms: sociology of law and sociologic law science. First one is a discipline, which examines (Durkheim, Weber) law as a social fact with sociologic methods. The subject of sociology of law is to figure emergency and functioning of law as a social fact and present rules of relation between law and society. However sociologic law science is normative and aims to examine the social function of law and during this examine uses sociologic elements.
Contributions of both of them to law idea are about general theory of law and for that reason law will be analysed as a social fact by benefiting from ideas of pragmatist ideologists like Durkheim, Hobbes, Hume, Helvetius and Bentham.

 

Environmental Law(KMH 506)

The subject, scope, objective, and qualifications of environmental law. Major concepts (the right to the environment, sustainable development). Principles (prevention, participation polluter pays, precaution, coordination). Environmental impacts assessment.
 

The Main Themes of The Modern State Theory (KMH 511)

In this course main characters like rule of law, nation state, democratic state of modern state is emphasized and critics for their historical backround are criticized. Contiguous, different point of views about (1) integrated character of rule of law and and democracy; (2) relation between differences and democracy and its structure which changes and goes beyond nation state (3) justice as legitimate base of modern state are discussed. During these discussions Hobbes, Locke, Rousseau, Kant, Rawls, Habermas, Carl Schmitt, David Easton and their theories are argued. Finally the problems faced by modern law systems are handled.
 

Philosophy of Law(KMH 512)

In this course the subject of the philosophy of law shall be determined in the light of the analysis of the relationship among law-philosophy and science and the main different two approaches to law shall be argued: Formalist law theory and natural law theory. To understand the natural law theory, it’s necessary to compare natural law with positive law and to analyse historically the thought of Grotius, Hobbes and Rousseau. Afterwards, in the subject of formalist view of law, it’s been focused on positivist views of Kelsen and Hart comparatively.
 

Constitutional Law I (KMH 513)

The concept of rule of law is the most popular and arguable concept in political science and public law in terms of being vague and formed from many other sub-principles. In the context of this course, the differences between the concept of Rule of law in common law system and concept of Rechtsstaat in continental Europa is an important focus to understand the principles in a historical point of view. Therefore, the relationship between the historical development of rule of law and Rechtsstaat and the development of modern state is important to comprehense and compare the different understandings and applications of rule of law. Afterwards, the situation in Turkey shall be argued especially by considering the Court decisions.
 

İndividual, Community and The State Relations (KMH 514)

In this course main purpose is to discuss the answers of these questions: In the face of state, what is the status of individual? Is subject in the same time legal character of individual? Does individual turn into a moral object? What is freedom? What are the thoughts of philosophers to the questions? For example in Platon’s theory why does earth exist? How is freedom shaped in it? What should be the definition of individual? When handling these questions Jean-Jacques Rousseau, Kant, Hegel, Marx are inevitably discussed. In this concept we confront with social regimes as oligarchy, democracy...This problematic stands in monotheist religions. Why isn’t slavery prohibites? How do we explain this in Middle- East cultures and historical periods?
 

Policy and Law in İnternational Relations(KMH 515)

On a global scale, the relations between states and peoples, a kind of "permanent war" according to the logic processing "policy rule" and "permanent peace" target following "the rule of international law" between the concepts of approaches to the assessment of the main subject of this course. In this context, I. Kant, J. Rawls, C. Schmitt, Habermas, E.H. Carr and H. C. Morgenthau, views of theorists such as Hardt and Negri and Cox will be examined.
 

Criminal Law I (KMH 516)

In this course fiscal offence is discessed. It is not defined in General criminal law but used frequently. During lessons Turkish Criminal Code and other acts are argues and legitimate base for this concept is searched. The main purpose of the lesson is to discuss the theory and pratic in the concept of monetary interest crimes.
 

Constitutional Law II (KMH 517)

The composition of a goverment and the main principles in foundation of a goverment is the most important element in the political system of a country. Therefore, the characteristics and change in the political system is an important subject in political science and constitutional law. In this course, the historical development of the systems shall be analysed comparatively. The subjects of the course includes the political systems in the countries being managed by the system of seperation of powers or fusion of powers
 

Sociology of Law(KMH 518)

The relationship between law and sociology occur in two ways: the sociology of law and sociological jurisprudence. First, the law as a social phenomenon, sociological method (Durkheim, Weber), which examines the discipline. This course examines, from an analytical perspective, the historical and contemporary forces that are central to the evolution and development of the sociology of law. Course objectives and methods focus on the role of jurisprudence and the sociology of law. Students become familiar with the sociology of law and jurisprudence and apply this knowledge to interesting case examples. The course relies on the case method in order to develop and heighten the student’s own analytical abilities. The sociology of law and sociological jurisprudence, both are the largest contribution to the idea of law, and therefore this course is concerned with the general theory of law, especially Durkheim and Hobbes, Hume, Helvetius, Bentham views of thinkers such as self-seeker will be examined using law as a social phenomenon.
 

Fundamental Rights and Freedoms of Foreigners(KMH 519)

Criminal Law II(KMH 520)

Banks are indispensable institutions of present system. These institutions provides free movement of money among international area. Banks are not only regulated by private law but also an area of public law. This course displays the legal base of Banking Law, Central Bank and banking transactions.
 

Administrative Law(KMH 521)

The purpose of the course is to explain the main concepts and principles of administrative law. Learning Outcomes of the Course; learning how to operate the public administration and learning the main features of administrative transactions and the implementations of main related legal rules.
 

Judical Review of Administration (KMH 522)

Content of this course; the main concepts and rules of judicial review of administration, the structure of administrative Courts, procedures to file a case.