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Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS KMH 5106 THE DEVELOPMENT PROCESS OF LEGAL POSITIVISM AND H. L. A. HART ELECTIVE 3 0 0 6

Offered By

Public Law

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

ASSISTANT PROFESSOR AYDAN ÖMÜR SURLU

Offered to

Public Law

Course Objective

To explain the system of rules of H.L.A. Hart and to expose the relationship between the rule of recognition and the types, theories and development of legal positivism.

Learning Outcomes of the Course Unit

1   To define the system of rules of H.L.A. Hart. 2   To explain the relationship between the rule of recognition at H.L.A. Hart and legal positivisim. 3   To show the relationship between the theories of legal positivism and types of legal positivism. 4   To discuss the types of legal positivism. 5   To compare the views relating to the rule of recognition. 6   To develop a legal positivist view in law.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description 1 Introduction to the system of rules of H.L.A. Hart, his criticism of John Austin 2 The meaning of the rule at H.L.A. Hart, the features of the social rules, the distinction of internal and external point of view to the rules 3 The distinction of legal rules according to the normative function of law- duty imposing and power conferring norms 4 The distinction of legal rules according to the formal function of law- primary and secondary rules 5 The meaning of the rule of recognition, its being a social rule or a social fact, its acceptance, The functions of the rule of recognition 6 The internal and external point of view in the rule of recognition, being the rule of recognation a duty imposing rule 7 The discussion of whether the rule of recognition is a conventional rule or not, the conventionality thesis, the meaning and the types of the conventional rule 8 Mid-term Exam 9 The discussion of tne conventionality thesis at H.L.A. Hart, the similarities and the differences of the rule of recognition with Hans Kelsen's grund norm 10 Overall assessment of the rule of recognition, the problems relating to its being the criteria of legal validity, its conflict with the separation thesis of legal positivism 11 The discussion of the insufficiency of the rule of recognition as being a social rule 12 The epistemic function of the rule of recognition: to be the criteria of legal validity and to determine the law 13 The discussions relating to soft and hard positivism 14 Final Exam

Recomended or Required Reading

1- SURLU, Aydan Ömür; "H.L.A. Hart'ın Kurallar Sistemi", Hukuk Felsefesi ve Sosyolojisi Arkivi, 2010, S:19, s. 197-204. 2- UYGUR, Gülriz; "Hukuki Pozitivizmin Değişen Yüzü Mü ", AÜHFD, C:52, S:3, Ankara, 2003, (ayrı bası). 3- HIMMA, Kenneth Einar; Hukukun Ahlaki Kriterleri.

Planned Learning Activities and Teaching Methods

Lecturing, discussing.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA 1 MTE MIDTERM EXAM 2 STT TERM WORK (SEMESTER) 3 FIN FINAL EXAM 4 FCG FINAL COURSE GRADE MTE * 0.20 + STT* 0.40 + FIN* 0.40 5 RST RESIT 6 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.20 + STT * 0.40 + RST* 0.40

Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

aydan.surlu@deu.edu.tr

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours) Lectures 13 3 39 Preparations before/after weekly lectures 13 1 13 Preparation for midterm exam 1 20 20 Preparation for final exam 1 30 30 Preparing presentations 1 40 40 Midterm 1 2 2 Final 1 3 3 TOTAL WORKLOAD (hours) 147

Contribution of Learning Outcomes to Programme Outcomes

PO/LO PO.1 PO.2 PO.3 PO.4 PO.5 PO.6 PO.7 PO.8 PO.9 PO.10 PO.11 PO.12 PO.13 LO.1 1 1 1 1 LO.2 1 1 1 1 LO.3 1 1 1 LO.4 1 1 1 1 1 LO.5 1 1 1 LO.6 1 1 1 1