Hukuk Fakültesi Koleksiyonu

Permanent URI for this collectionhttps://hdl.handle.net/20.500.11779/1935

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  • Book Part
    Determining Effects of Authoritarianism on Executive Power and Public Administration in Turkey
    (Springer, 2023) Sevinç, Zeliha Hacımuratlar
    The increasingly authoritarian regime in Turkey has been the subject of many studies in constitutional law and political science. As per the planned neoliberal policies put into action, the role of the state was redefined in 2001 and new elements were added to the administrative structure to play that role. Although the authoritarianism was being experienced with all these aspects in Turkey, a threshold was crossed especially with the experience of the state of emergency of 2016–2018. Clearly, Turkey can no longer be described as a constitutional democracy after the thresholds it has crossed on the way to authoritarianism. What made this transition easy is the legacy of the political regime/culture and public law that has carried on from the past. It can be said that even if Turkey’s shortcomings in terms as organization in line with the requirements of a pluralist, participatory, and deliberative democracy, and the rule of law during the time of the 1982 Constitution did not render today’s authoritarian order mandatory, it has certainly made it possible. In this section, I will examine the transformation effects of the authoritarianism that Turkey has experienced since the 2000s on the executive and administrative organization in the context of the rule of law and pluralist, participatory, and deliberative democracy.
  • Conference Object
    The Neural Correlates of the Effect of Belief in Free Will on Third-Party Punishment: an Optical Brain Imaging (fnirs) Study
    (Cognitive Science Society, 2022) Çakar, Tuna; Akyürek, Güçlü; Erözden, Ozan; Şahin, Türkay; Keskin, İrem Nur; Ünlü, Meryem; Özen, Deniz Hazal; Özen, Zeynep
    Third party punishment (TPP), or altruistic punishment, is specifically human prosocial behavior. TPP denotes the administration of a sanction to a transgressor by an individual that is not affected by the transgression. In some evolutionary accounts, TPP is considered crucial for the stability of cooperation and solidarity in larger groups formed by genetically unrelated individuals. Belief in free will (BFW), on the other hand, is the idea that humans have control over their behavior. BFW is a human universal notion that, in some studies, has been found to be supportive of prosocial behavior. In our study, we examined the effect of BFW on TPP under high and low affect scenarios through optical brain imaging (fNIRS). We hypothesized that in low affect cases, there would be a positive correlation between the strength of the BFW and the severity of the punishment inflicted. Obtained results and related statistical analyses indicate that participants with higher degree of BFW have more neural activation in their right dorsolateral prefrontal cortex (DLPFC) (hbo and hbt measures) in high affect scenarios, whereas the participants with lower degree of BFW have higher levels of neural activation in the medial PFC (hbo and hbt measures) in low affect scenarios. These empirical findings are in line with the research findings in the relevant academic literature and support the hypothesis that the degree of BFW influences punishment decisions.
  • Conference Object
    General Risk Liability Under the Turkish Code of Obligations and Its Implications in Insurance Law: Is It a "frankenstein's Monster"?
    (Koç Üniversitesi, 2021) Kapancı, Kadir Berk; Başoğlu, Başak
    Risk liability is the strongest of all types of non-contractual liabilities. It is a strict liabilitywhere demonstrating that there is no causality is the only way to be exempted. Therefore, risk liabilitycan never be considered without insurance. This type of liability is usually regulated for specific typesof risks. So, there is always a typical risk defined for a particular operational activity which may causeunavoidable frequent or severe damage, regardless of how much due care is taken.In 2012, Turkish Code of Obligations has introduced a new general clause on risk liabilitywhich is applicable to all kinds of dangerous activities without defining the specific type of risk (art.71). According to this provision, liability could be established if it is demonstrated that an activity ofan enterprise causes an inevitable and significant danger. The said provision is stipulated as follows:“When damage occurs from the activity of an enterprise presenting a significantrisk, the owner of such enterprise and, if any, the operator are severally liable for suchdamage.Considering the nature of the enterprise or materials, tools or powers used in theactivity, if one concludes that an enterprise is likely to cause frequent or severe damageeven if all due care expected from a specialist in such activities is exercised, suchenterprise is deemed to present a significant risk. Particularly, if a special risk liabilityis envisaged in any other law for enterprises presenting the similar risks, such anenterprise is also considered to present a significant risk.Special provisions governing liability for a specific risk are reserved.Even if such activity of an enterprise presenting a significant risk is permitted bythe legal order, those who are injured may claim to balance out the damage caused bythe activity of such enterprise at an appropriate price.”This clause was originally inspired from the article 50 of the Swiss Draft Project for theReform and Unification of Tort Law (Widmer-Wessner Draft Project) but ended up as the“Frankenstein’s monster” as it has not considered this Draft Project in its entirety. At the end, thisprovision has widened the liability of owners and operators of enterprises which presents a significantrisk. But to what extend?The highly debated answer to this question is of utmost importance to set the boundaries ofinsurance. In order to answer this question, one must firstly evaluate the criteria used for assessingthe risk and also the meaning of its vague final paragraph. Accordingly, this paper aims to understandthe rationale for this provision, to evaluate the legal debates regarding the conditions and scope ofliability under this provision and its implications on both tort law and insurance law. Furthermore,this paper intends to discuss the possible role of a general risk clause in our times of climate crisis.So, in a nutshell, the ultimate question of this paper is whether this provision is the “Frankenstein’smonster” or a gateway for climate liability?
  • Conference Object
    Property Transfers as Security
    (2016) Kapancı, Kadir Berk; Başoğlu, Başak
    Under Turkish law, property transfer is a common type of security used an alternative to collaterals. Accordingly, reservation of title and fiduciary transfer are two types of mechanisms to use property transfer as a security. Reservation of title is a security mechanism only for the movables and codified in articles 764-765 of the Turkish Civil Code. Accordingly, transferor and transferee may agree on a reservation of title, so that the ownership of the movable shall remain with the transferor until the transferee fulfills his obligations. Agreements for reservation of title may be made either with conditions precedent or conditions subsequent. Both are subject to special form requirements. Fiduciary transfer is a security mechanism for both movables and immovables in order to guarantee a monetary debt. It is not regulated under the law, but developed in Turkish practice upon the influence of Swiss law. Accordingly, transferor and fiduciary may agree on the transfer of the assets to the fiduciary while usually the possession of the assets remain with the transferor until the transferor fulfills his obligations. Agreements for fiduciary transfer are subject to conditions subsequent.The aim of this paper is to analyze the necessities and the advantages for and the risks of invoking such mechanisms in comparison to collaterals. Furthermore, this paper aims to compare these mechanisms with their equivalents in Swiss, German and French laws and especially compare fiduciary transfers with trusts in common law.
  • Conference Object
    Law Clinics as a Teaching Method in Legal Education
    (2015) Kapancı, Kadir Berk
    In this presentation, I would like to analyze “law clinics” (or “legal clinics”) as a -relatively- new teaching method in legal education for civil law countries. As known, law clinics are law school intracurricular programs in which students learn by their own experience in a laboratory-like environment under the supervision of law professors, each one an expert of a certain field. This teaching method is largely used in USA universities where it was originally born. On one hand, it provides, educational wise, a “union” between law theory and practice. On the other hand it serves as a means of social justice, in so what it enables economically poor people’s access to justice. To fully understand this method, firstly I will take a look at its brief history in the common law world. Secondly, I will provide general knowledge about the basic concepts that are relative to clinical education. Thirdly, I will elaborate the method itself and will further evaluate its compatibility with the Turkish legal system. Finally, I will review the advantages and the risks using this method in legal education and will offer my conclusions.