Conference 2019

TRANSFORMATION OF THE CONCEPT OF STATE

AND RETHINKING “ALLGEMEINE STAATSLEHRE”

IN TURKISH AND GERMAN PERSPECTIVES

For registration and inquiries: asl.conference2019@gmail.com

Aydın Doğan Conference Hall, Galatasaray University, Istanbul – May 3, 2019

The modern state has undergone a profound transformation as a result of globalization and new forms of governance. Economic activities have been embedded in cross-border networks, while the border between public law and private law has become blurred. Transnational and supranational organizations have introduced a multilevel governance, while transgovernmental relations between states have been replaced by a network society. Against this background, the classical concept of sovereignty has been confronted with significant challenges in this period. The changes in the nature of modern states are still in progress. Therefore, it is evident that today the concept of state is by far different from the state of the beginning of the last century.

Under these circumstances, what should be the response of the discipline of the “General Theory of State” (Allgemeine Staatslehre)? The General Theory of State has been taught in Turkish law schools since 1940s, and it also stands for a division of public law departments. The German tradition of “Allgemeine Staatslehre” has been very influential on the development of General Theory of State in Turkish law schools, as well as the French tradition. On the other hand, transformation of the concept of state and the revision of the Allgemeine Staatslehre have recently appeared on the agenda of both German and Turkish legal academia. Following the success of the workshop of the GKHT on “the Future of Teaching General Theory of State in Turkey” in April 2018, this conference aims at bringing together Turkish and German legal scholars focused on revisiting the content and methodology of the General Theory of State in view of the recent transformation of the contemporary state. For this purpose, Prof. Dr. Thomas Vesting’s (Frankfurt) recently published book “Staatstheorie” will be the main focus of the conference.

CONFERENCE PROGRAM

Registration (09:30)

Opening Remarks (09:45)

Prof. Dr. Necmi Yüzbaşıoğlu (Dean of Galatasaray University, Law Faculty)

Prof. Dr. Rona Aybay

Prof. Dr. Ahmet Mumcu (Başkent University)

I. Keynote Speech (10:15-11:45)

Professor Dr. Dr. h.c. Thomas Vesting (Goethe University Frankfurt):

Three Layers of the Modern State – Constitutional State, Welfare state, and Network State

Comments: Prof. Dr. Oktay Uygun (Yeditepe University)

Coffee break (11:45-12:00)

II. (12:00-13:30)

Chair: Prof. Dr. Rona Aybay

Prof. Dr. Lars Viellechner (University of Bremen): Open Statehood and Transnationalization of Law

Prof. Dr. Dr. h.c. Christian Joerges (Hertie School of Governance Berlin & University of Bremen): Towards Functional Constitutionalism

Prof. Dr. Dr. Ino Augsberg (University of Kiel): Allgemeine Staatslehre or Herrschaftstheorie? Some Methodological Remarks on a Recent Debate

Lunch (13:30-14:30)

III. (14:30-16:00)

Chair: Prof. Dr. Fazıl Sağlam (Near East University)

Prof. Dr. İlyas Doğan (Ankara Hacı Bayram Veli University): State Structures in the Middle East in comparison with Western Democracies

Assoc. Prof. Dr. Birden Güngören Bulgan (Galatasaray University): The Influence of Jellinek on the General Theory of State in Turkey

Assist. Prof. Dr. Alexander Thiele (University of Göttingen): Components of a Theory of Legitimacy for the Democratic Constitutional State

Coffee Break (16:00-16:15)

IV. Forum (16:15-17:45) Transformation of States, Gender and Rights Advocacy

Moderators: Assoc. Prof. Dr. Eylem Ümit Atılgan (Near East University) & Dr. Pınar Ecevitoğlu (Friedrich Ebert Stiftung)

Closing Remarks (17:45-18:15)

Organization Committee:

Prof. Dr. Rona Aybay, Assoc. Prof. Dr. Birden Güngören Bulgan, Assist. Prof. Dr. Aydın Atılgan

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