TRANSITION FROM MULTI-LAW SYSTEM TO SECULAR LAW IN TURKEY

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Learning Outcomes

1. The students will be able to analyze the legal order of the Ottoman Empire and the Westernization initiatives in law. 1.1. Explains Classical Ottoman Era law system. 1.2. Describes the problems in the Ottoman law system. 1.3. Explains why and how the Mecelle (The Ottoman Code of Civil Law) was prepared, determines its place within the system. 1.4. Explains the laws and their features that were transferred through translation to the Ottoman Empire. 1.5. Evaluates how the multi-law system was created and its outcomes. 1.6. Evaluates the reforms and their outcomes that were made in legal system in the Union and Progress Era.
2. The students will be able to analyze the legal system in the Period of National War of Independence. 2.1. Evaluates legal characteristics of local-regional congresses. 2.2. Evaluates the National War of Independence organizations and works in legal, legitimate, democratic terms and gives examples. 2.3. Evaluates how the New Turkish Republic was found through a legal revolution. 2.4. Analyzes the place of 1921 Constitution within modern/contemporary law. 2.5. Emphasizes the importance of abolition of Sultanate on the road to constitutional state.
3. The students will be able to perform a legal analysis of Lausanne Peace Treaty. 3.1. Evaluates the endeavors made for abolishment of legal capitulations in Lausanne Peace Treaty. 3.2. Provides examples about the problems faced during negotiations resulting from lack of secular law system in Turkey. 3.3. Analyzes 42nd Article of Lausanne Peace Treaty within the frame of independence of law system and nation-state concepts. 3.4. Explains the liabilities assumed by Turkey with Lausanne Peace Treaty in the field of law.
4. The students will be able to count the Ministers of Justice in Atatürk Era and explain their contributions to Turkish Law System.
5. The students will be able to comprehend the reasons for transition to secular law system in Turkey and the initial steps taken towards this transition. 5.1. The students comprehend the importance of Proclamation of the Republic in terms of secular constitutional state. 5.2. 3 Explains the importance of Acts of March 1924 in terms of establishment and institutionalization of secular state. 5.3. Explains the place of 1924 Constitution within the secular law system.
6. The students will be able to explain the reasons, importance, and characteristics of the laws made in the field of Private Law. 6.1. Explains the importance of Turkish Civil Code. 6.2. The students will learn about the acquisitions of Turkey through the Laws of Obligations and Commerce.
7. The students will be able to explain the reasons, importance, and characteristics of the laws made in the field of Public Law. 7.1. Evaluates the characteristics of the Penal Code in terms of legal system and revolution. 7.2. Explains the importance of Enforcement and Bankruptcy Law in terms of People’s State.
8. The students will be able to explain the place and importance of the laws made in the field of Procedural Law within the legal system. 8.1. Evaluates the place of the Law on the Procedures of Civil Lawsuits within the Turkish legal system. 8.2. Evaluates the place of Law on the Procedures of Criminal Lawsuits within the Turkish legal system.
9. The students will be able to evaluate the reasons and importance of the regulations made in justice organization. 9.1. Explains the place of the Institution of Forensic Medicine within the legal system and analyzes the new regulations. 9.2. Determines the place of newly-established courts within the legal system.
10. The students will be able to analyze the importance of the arrangements about the Personal Benefits of the Justice Personnel in terms of Turkish legal system and Turkish Revolution.
11. The students will be able to analyze why the Attorneys’ Act and the Judges’ Act have been changed and will be able to evaluate the acquisitions of the new laws.
12. The students will be able to comprehend the struggles the Turkish Republic has gone through in order to educate and raise modern jurists.