HUKUKA GİRİŞ - Deneme Sınavı - 9

In general, the legal methodology, particularly the judicial syllogism, serve a number of essential functions which are outlined. Guidance is one of the fuctions that means "for the resolution of further cases- the syllogism provides a working guide for the judges, the litigants and their legal advisers"

One can list the characteristics of a good jurist as follows:
• A sense of justice;
• Judgmental reticence;
• Feeling for and interest in the social and ethical
dimensions of law;
• Sympathy for people and their behaviors;
• Empathy;
• Objectivity and a sense of the different characteristics of the various fields of law and their roles in the state and courage to ask and answer questions.

Analogy is an extension of the scope of a norm to be applied. Yet the purpose of a statute may sometimes prohibit analogical reasoning. In such cases, the argument of reduction may come into play, which is called teleological reduction.

Usually, in civil law systems, we do not find any general authoritative statement regarding the law on interpreting statutes. The currently employed rules and techniques of interpretation in France, Germany, or Turkey are rather the results of customary law, judicial practice and legal writing. By contrast, in common law jurisdictions, there are special “Interpretation Acts” which are intended to assist the draftsmen or to guide the judge in interpretation.

Most important argument types related to analogy are:
• argumenta e contrario
• argumenta a fortiori
• argumenta a minore ad maius
• argumenta a maiore ad minus

Objective-teleological interpretation: This form of teleological interpretation requires an inquiry with respect to the sense and purpose of the norm to be applied. It is about the reasonable goals and policy considerations behind the norm to be applied. So statement III is false.

Systematic interpretation looks at the context of a norm; hence, it involves an investigation into the relations between the norm to be applied and other relevant norms and codes of the same legal system. The systematic interpretation is a significant canon of construction in the civil law tradition.

In France, this method of interpretation is called the exegetical method. The basic assumption of the method is that any statute is an act of will, and thus, the most appropriate method for interpreting this will is to investigate into the legislator’s intention at the time when the law was made (ex tunc).

Hears appeals from sheriffs in civil cases, and appeals from him go to the Inner House of the Court of Session is dissenting opinion or dissent.

UK Supreme Court, Court of Session, High Court, Sheriff court, Justice of the Peace  are secondary sources of law.

Germany is occasionally referred to as the land of Rechtswissenschaft, which literally means “legal science”. Germany is, therefore, known for its seemingly relentless legal conceptualism and systematization. Therefore, the correct answer is A.

In Germany, under the influence of Idealist thought shaped by Kant, jurists like Feuerbach emphasized the vital role of systematization in law. Therefore the correct answer is C.

In Western Europe, the autonomy of legal thought was maintained by the universities. Obviously, the role of Bologna tradition was indispensable for the development of law as science. Therefore, the correct answer is A.

The American approach to legal education is best described by Karl Llewellyn, who contended that: We have discovered that students who come eager to learn the rules and who do learn them, and who learn nothing more, will take away the shell and not the substance. We have discovered that rules alone, mere forms of words, are worthless. Therefore, the correct answer is B.

Biased opinions refer to prejudices in cultural and sociological level. Therefore, the correct answer is D.

The classical model of syllogism is based on the Aristotelian logic. Therefore, the correct answer is A.

Legal Rules, Legal Judgment, and Facts are parts of judicial syllogism. Therefore, the correct answer is D.

Functions of the Judicial Syllogism are: Rationality, Certainty, Justification, Guidance.

Therefore, the correct answer is B.

The other most important argument types related to analogy are: • argumenta e contrario • argumenta a fortiori • argumenta a minore ad maius • argumenta a maiore ad minus. Therefore, the correct answer is D.

The literal rule is one of the methpds in Common law, whereas the others are of civil law. Therefore, the correct answer is D.