INTRODUCTION TO LAW

LECTURE 1

Dr Ömer Erkut Bulut

(Office hours: TBA)
 FINDING LEGAL SOURCES

• A student at Boğaziçi University received a letter informing them of an

investigation regarding the allegation that he acted in breach of the Higher
Education Institutions Student Disciplinary Regulation (Yükseköğretim
Kurumları Öğrenci Disiplin Yönetmeliği) cheating in the exam. In fact, he did
not cheat in a sit-in exam. Yet, he submitted an essay which was not his own
work. Therefore, he needs to see the exact wording in the Regulation.
• How can the student find up-to-date Higher Education Institutions Student
Disciplinary Regulation?
• How can the student find other legal sources that may be relevant?
 COURT STRUCTURE

One of the professors at Boğaziçi University puts a note in their course syllabus
which reads as follows:
“Following the Covid-19 Eric variant, the students without a face cover are not permitted to
attend the lectures.”
The professor at stake is a public agent, acting on behalf of the administration using
public authority. One of the students wishes to bring about a case against the
restriction of their right to education recognised in Article 42 of the Turkish
Constitution.
-What court should deal with this case?
-What are the procedural rules in that court?
 I N T E R P R E T AT I O N O F T H E L E G A L A C T S

The Reasonable Restriction of Underage Sorcery Act, which was adopted by the Parliament in 1875, forbids the use of underage magic

outside of school. Underage magic is any magic used by a wizard or witch under seventeen years old. Before the Reasonable Restriction of

Underage Sorcery Act, all wizards and witches were free to perform magic anywhere they wish to. The parliamentary debates at the time

shows that the use of underage magic threatens public security. The aim of the Parliament in prohibiting the use of underage

magic outside of school was to stop inexperienced wizards and witches to perform magic with no supervision.

Cedric Diggory, a 15 years old student at Hogwarts School of Witchcraft and Wizardry, performed the Patronus charm magic at Hogwart’s one of

the gardens. The garden at stake was located to the south of Hogwarts Castle. Hogwarts Castle is where all the courses at Hogwarts take place.

John Doe and Jane Doe from the Ministry of Magic were nominated to investigate the incident. They discuss whether or not the garden should

be considered as somewhere outside of school. The issue is the meaning of the term ‘school’. Hogwarts English dictionary defines a school

as “a building where the courses take place”.

John Doe and Jane Doe defend that Hogwarts English dictionary defines school as “a building where the courses take place”, and

the courses at Hogwarts take place at Hogwarts Castle, not the garden which was located to the south of Hogwarts Castle.

Therefore, Cedric Diggory, who is a 15 years old wizard, performed underage magic outside of school magic, and acted in breach

of the Reasonable Restriction of Underage Sorcery Act.

Cedric Diggory defends that the aim of the Act was to protect public security by impeding inexperienced wizards and witches from

performing magic with no supervision. The garden at stake is not open to public, and the wizards and witches are under

supervision of their professors not only at Hogwarts Castle but also its gardens. Therefore, the school term in the Reasonable

Restriction of Underage Sorcery Act must be interpreted largely and should cover not only Hogwarts Castle but also its

gardens.

Is there any rule in relation to the interpretation of the legal acts?

 C O N F L I C T O F L E G A L R U L E S

Article 4 of the Hogwarts School Act, which was adopted by the Parliament in 1767, reads as
follows:
The students of the Hogwarts School of Witchcraft and Wizardry can freely perform magic in the
buildings and gardens of the school.
Article 5 of the Reasonable Restriction of Underage Sorcery Act, which was adopted by
the Parliament in 1875, reads as follows:
The use of underage magic outside of school buildings is prohibited.
Cedric Diggory, a 15-year-old student at Hogwarts School of Witchcraft and Wizardry,
performed the Patronus charm magic at Hogwarts’ one of the gardens.
Professor Severus Snape, who was appointed to investigate the incident according to Article 5
of the Reasonable Restriction of Underage Sorcery Act 1875, defends that Cedric Diggory
acted in breach of law by using underage magic outside of school buildings.
Cedric Diggory, on the other hand, defends that he acted in compliance with the law according
to Article 4 of the Hogwarts School Act 1767.
• Is there any rule that solves the conflict between Article 4 of the Hogwarts School Act 1767
and Article 5 of the Reasonable Restriction of Underage Sorcery Act 1875?
• Are the date of adoption of the acts important in solving the conflict?
• Are the scope of application of the acts important in solving the conflict?
 R E S T R I C T I O N O F F U N D A M E N TA L R I G H T S

Turkish Constitution
IV. Privacy and protection of private life
A. Privacy of private life
ARTICLE 20- Everyone has the right to demand respect for his/her private and family life. Privacy of private or
family life shall not be violated.
II. Restriction of fundamental rights and freedoms
ARTICLE 13- Fundamental rights and freedoms may be restricted only by law and in conformity with the reasons
mentioned in the relevant articles of the Constitution without infringing upon their essence. These restrictions shall
not be contrary to the letter and spirit of the Constitution and the requirements of the democratic order of the
society and the secular republic and the principle of proportionality.
European Convention on Human Rights
ARTICLE 8 Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance
with the law and is necessary in a democratic society in the interests of national security, public safety or the
economic well-being of the country, for the prevention of disorder or crime, for the protection of health or
morals, or for the protection of the rights and freedoms of others.

• What authority should decide on the scope of the measures necessary in a democratic society in the listed interests
(eg. public safety, the protection of health or morals)?
• What can the individuals do if there is a law that reads as : “Each citizen is obliged to register with the police
authority in their domicile, providing the police authority with the information relating to their political stance”.
 OTHER ISSUES

• Are courts obliged to follow the previous court decisions in similar legal issues?
• What are the different branches of law? What are the principles applicable in
these branches of law?
• What is the burden of proof in different branches of law? (balance of probability,
beyond any reasonable doubt...)
• How should an oral or written legal argument be presented?
• Legal terms: karine (rebuttable presumption), faraziye (irrebutable presumption),
şüphe (suspicion), gerçek kişi (real person), tüzel kişi (legal person), idari işlem
(administrative act), içtihat (jurisprudence)...
 AIMS AND OBJECTIVES OF THE
MODULE

1. Critically understand the Turkish legal system 6. To apply information in a structured argument,
drawing upon methods of legal scholars
2. To demonstrate legal research, writing, and IT
skills 7. Analyse academic arguments and legal
problems
3. To locate and use sources of law
8. To understand and analyse relevant materials,
4. To access legal materials, both in print and cases, statutes and academic articles
electronically

5. To explore legal problems through critical

inquiry and thoughtful reflection
STRUCTURE OF THE COURSE
 ASSESSED WORK

-Summative essay (35%)

-Final exam (50%)
-Active participation (15%)

Summative essay
The students are required to submit a summative essay. Summative essay counts towards 35% of the final mark.

Final Exam
Final exam will be at the end of the semester, constituting 50% of the final grade. It will be a combination of practice and
essay questions.
WHAT IS LAW?

11
WHAT IS LAW?

12
LEGAL SYSTEMS

13
LEGAL SYSTEMS

14
HIERARCHY OF NORMS

15
SCHEDULE OF LECTURE TOPICS