HUK406

School of Law \ Law

3

6

Compulsory

Turkish

-

Law Bachelor Programm

The basic principles of legal methodology are covered in the course. Principles on how to interpret laws and legal texts; verbal, purposive, historical, systematic, constitutional interpretation; also the definition of legal gap, the creation of law by the judge in case of a gap, explicit, implicit and in-rule types of gaps, how to fill the gap; the concepts of creating law beyond the law are discussed by ensuring the participation of students by preparing and presenting the applications related to the course in advance.

ARAL, Vecdi; Hukuk ve Hukuk Bilimi Üzerine, 2021.
EDİS, Seyfullah; Medeni Hukuka Giriş ve Başlangıç Hükümleri, 1979.
GÖZLER, Kemal; Hukuka Giriş, 2024.
IŞIKTAÇ/METİN; Yasemin-Sevtap, Hukuk Metodolojisi, 2023.
KARAYALÇIN/YONGALIK; Hukukta Öğretim-Kaynaklar-Metod-Problem Çözme, 2020.
KIRCA, Çiğdem; Kanunların Yorumunda Yorum Yöntemleri, Ankara Hukuk Toplantıları, Norm Koyma Hüküm Verme, 2011.
KIRCA, Çiğdem; Örtülü (Gizli) Boşluk ve Bu Boşluğun Sınırlandırılması Yöntemi Olarak Amaca Uygun Sınırlama (Teleologische Reduktion), AÜHFD C.50 s.1, 2001.s. 91-115.
KRAMER, Ernst/ ARNET, Ruth; Juristische Methodenlehre, 2024.
SEROZAN, Rona; Hukukta Yöntem, Mantık, 2024.
SÖZER, Ali Nazım; Hukukta Yöntembilim, 2020.

The aim of the legal methodology course is mainly to enable students to master the basic principles developed by the doctrine of legal methodology in terms of the application of the rules of law in force and to develop their ability to apply the rules of law to concrete legal problems by using these principles. Another important aim of the course is to ensure that students are familiar with the minimum scientific research, writing and citation procedures and to develop their ability to research and analyze judicial decisions in terms of legal methodology and to evaluate them in a scientific style.

1. Has a thorough understanding of the importance, function, purpose, and sources of legal methodology doctrine.
2. Can prepare and present a basic-level assignment in accordance with scientific writing format by using the information obtained through individual and/or group research.
3. Conducts a structural analysis of legal norms.
4. Has a command of interpretation methods and the necessity of considering all these methods when interpreting legal texts.
5. Possesses knowledge of the necessity of balancing conflicting interests and has the ability to identify which interest is prioritized in the background of legal rules and apply this understanding when necessary.
6. Recognizes the definitions, limits, and scope of literal (textual), historical, teleological, and systematic interpretation methods. Can provide examples from practice and evaluate relevant applications.
7. Has a command of theories related to historical interpretation.
8. Understands the concept of systematic interpretation, distinguishes between domestic and external legal systems, and knows when to apply systematic interpretation. Can interpret legal texts in compliance with the Constitution.
9. Can provide examples of explicit and implicit legal gaps and has a command of the principles for filling these gaps.
10. Can recognize situations of arbitrariness and instances where law is created beyond the scope of legislation.

Week 1: The purpose, importance, function and sources of method teaching in law.
Week 2: Legal dogmatics as the science of norms, the logical structure and elements of the rule of law, the sequence of logic in the application of laws, the formation and legal evaluation of the event subject to the legal problem.
Week 3: Methods of interpretation in general, the difference between interpretation and the creation of law by the judge.
Week 4: Legal Gaps, types of gaps and filling of gaps.
Week 5: Interpretation according to the word (literal); case law review, presentation of prepared works.
Week 6: Purposive interpretation; case law review, presentation of prepared studies.
Week 7: Historical interpretation; analysis of jurisprudence, presentation of prepared works.
Week 8: Systematic interpretation, general principles, interpretation in accordance with the Constitution.
Week 9: Special norm-general norm; the relationship between the lex prior and the lex posterior; case law review, presentation of prepared studies.
Week 10: The concept of legal gap, types, explicit legal gap; decision review, presentation of prepared studies.
Week 11: The concept of implicit legal gap, limitation suitable for the purpose; decision analysis, presentation of prepared studies.
Week 12: Creation of law in excess of the law; decision review, presentation of prepared works.

• Midterm 40 %
• Final 60 %