Dokuz Eylül University Information Package / Courses Catalog

Description of Individual Course Units

Course Unit Code	Course Unit Title	Type Of Course	D	U	L	ECTS
HUK 4070	H.L.A. HART'S THEORY OF LAW	ELECTIVE	2	0	0	4

Offered By

Law

Level of Course Unit

First Cycle Programmes (Bachelor's Degree)

Course Coordinator

ASISTANT PROFESSOR AYDAN ÖMÜR SURLU

Offered to

Law

Course Objective

To show the relationship between functions of the rule of recognition and the types of legal positivism by putting forth law-rule relationship, concept of rule and rule types at H.L.A Hart

Learning Outcomes of the Course Unit

1	To define the rule types
2	To explain the relationship between the coerciveness of law and obedience to rules
3	To show the relationship between the rule of recognition and legal positivism
4	To distinguish between the types of legal positivism
5	To discuss 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 HLA Hart, his criticism of John Austin
2	The meaning of concept of rule at Hart, the features of social rules
3	The distinction between Internal and external point of view towards the rules
4	The distinction between legal rules according to normative function of law- duty imposing and power conferring norms
5	The distinction between legal rules according to formal function of law- primary and secondary rules
6	The meaning of the rule of recognition, its being a social rule or a social fact, acceptance of it.
7	The functions of the rule of recognition
8	The internal and external point of view in the rule of recognition, being the rule of recognition a duty imposing rule
9	The discussion of whether the rule of recognition is a conventional rule or not, the conventionality thesis, the meaning and the types of conventional rule
10	The discussion of the conventionality thesis at Hart, the similarities and the differences of the rule of recognition with Hans Kelsen's grund norm
11	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
12	The discussion of the insufficiency of the rule of recognition in terms of being a social rule
13	The epistemic function of the rule of recognition: to be the criteria of legal validity and to determine the law
14	Midterm exam

Recomended or Required Reading

Ana kaynak:
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).
Diğer ders materyalleri: Makaleler

Planned Learning Activities and Teaching Methods

Lecturing, discussing.

Assessment Methods

SORTING NUMBER	SHORT CODE	LONG CODE	FORMULA
1	MTE 1	MIDTERM EXAM 1
2	MTE 2	MIDTERM EXAM 2
3	FIN	FINAL EXAM
4	FCG	FINAL COURSE GRADE	MTE+FIN
5	RST	RESIT
6	FCGR	FINAL COURSE GRADE (RESIT)	MTE+RST

Further Notes About Assessment Methods

If the instructor needs to add some explanation or further note, this column can be selected from the DEBIS menu.

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

Optional, if the instructor needs to add some explanation or further note, this column can be selected from the DEBIS menu.

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	2	26
Preparations before/after weekly lectures	13	2	26
Preparation for midterm exam	1	20	20
Preparation for final exam	1	25	25
Final	1	2	2
Midterm	1	1	1
TOTAL WORKLOAD (hours)			100

Contribution of Learning Outcomes to Programme Outcomes

PO/LO	PO.1	PO.2	PO.3	PO.5	PO.7	PO.8	PO.9	PO.10	PO.11	PO.12	PO.14
LO.1				1		1				1
LO.2			1
LO.3						1	1		1
LO.4						1	1		1
LO.5						1	1	1	1
LO.6	1	1			1	1		1	1		1

COURSE UNIT TITLE

DEGREE PROGRAMMES

Description of Individual Course Units

Offered By

Level of Course Unit

Course Coordinator

Offered to

Course Objective

Learning Outcomes of the Course Unit

Mode of Delivery

Prerequisites and Co-requisites

Recomended Optional Programme Components

Course Contents

Recomended or Required Reading

Planned Learning Activities and Teaching Methods

Assessment Methods

Further Notes About Assessment Methods

Assessment Criteria

Language of Instruction

Course Policies and Rules

Contact Details for the Lecturer(s)

Office Hours

Work Placement(s)

Workload Calculation

Contribution of Learning Outcomes to Programme Outcomes

CONTACT INFORMATION