Law

  • What does law mean?
  • Law; Examines the movements of the individual, the society and the state, their relations with each other; Is a normative science that is duly issued by the competent organs, supported by public power, shows how the public should behave or not behave in general, and regulates all relevant possibilities with the norms in force. Law observes common good and common interest in individual-society-state relations.

 

  • Theoretical meaning
  • There is still no satisfactory definition for the change from legal period. Kant says, “Lawyers are still looking for the definition of law.” Today, the most accepted definition is: “At any given time, it is the whole of the rules that govern and enforce the relations in a particular society, bound to the state (sanction).”

 

  • To express with a broad concept, law in technical sense; General, abstract and continuous rules which are created with the help of state power and which are created in order to provide the security and human rights of persons who regulate the relations of people living in an organized society with each other or with the communities that they bring back to their selves and with each other.

 

  • As a scientific discipline, law is basically divided into two. In general, the law is called Public Law, while the part that deals with the relations between individuals is called Public Law, and the part that regulates the relations between individuals and institutions forming the state or state is called Public Law. This distinction is a distinction from the Roman law (ius privatum-ius publicum). Civil Law, Commercial Law and State Private Law are private law, whereas Constitutional Law, Criminal Law and Administrative Law are the main branches of public law.

 

  • It includes the rules concerning the organization, functioning and services of public law, the state and other public institutions and organizations. The principles that dominate public law in democratic societies are the principle of legal security and lawfulness. Private law, in a narrow sense, regulates the relationships of people with each other. The dominant principle is freedom of will (Privataautonomie).

 

  • Law rules and characteristics
  • Law distinguishes the other society from the norms of customs, customs, customs and religions, which are guaranteed by the state and possesses the sanctions of the law. Law rules regulate human behavior and carry the value judgments of the society. By virtue of its abstraction and generality, it is applied in all cases of similar quality.

 

  • Sanction:
  • Sanctions in the field of law are enforced by public power. It is used to comply with the law, to punish those who do not comply, and to minimize the damages in cases that are not followed. Sanctions aiming to maintain and protect the legal order are also implemented as required by law.
  • Material and moral sanctions are divided into two pure. While imperative sanctions are applied in contradiction to the law, moral sanctions are used to prevent them.
  • Death, imprisonment and money punishment in criminal law; Politics men, party closure in constitutional law; There are various sanctions in different branches of law such as tax and trafficking penalties in tax law.

 

  • Justice of law
  • Theories have been produced at various periods in relation to the durability of law. These are the theories, theories and positivist theories that regard the basis of law as a conscious will. Some of these theories arise from the need to solve the problems of the era that emerged, not philosophical, or to express political views in legal science.

 

 

 

 

 

  • Functions of law
  • The law fulfills two main functions: 1. Provides order, 2. Establishes justice. The relationship between Justice and Order Hedley Bull.
  • Justice and Order are two concepts that act in an interesting way inversely proportional to each other, as well as being complementary to one another. Providing speed quickly will certainly lead to lack of justice.
  • For example, in a murder case, a very short period of time, such as in the past, will quickly decide on the social order to execute the accused and will show the deterrent effect of the law as soon as possible.
  • But perhaps an irrevocable mistake will be made in terms of justice, since it will be a wrong decision.
  • On the contrary, trying to fulfill justice in an absolute sense will cause the order to deteriorate at least in terms of time lost. For this reason, the lack of confidence in the slowness of people’s legal system and in the delay of justice is one of the main problems of modern legal systems.

 

  • Conscious will theory
  • Law according to the theory of general will; The people in the society have mutual agreement with each other, and as a result, they regard it as a law and a social contract. It is seen as a duty for them to obey this social contract which people come up with agreement.
  • The theory of divine will is based on the legal God and only takes place within his own will. The obligation to obey the law is that they see it as a reflection of God.
  • The theory of personal will is based on the will of the State.
  • It is for law, the state and the forces that represent it.
  • Every time we do we are responsible for our own self-sacrifice and freedoms. But there have been many events that totally refute and ignore these theories as much as the day-to-day. Due to these incidents, the new provisions are regarded as goodwill conditions. If a person has a license when there is a situation and if there is a mistake in the middle, it is checked whether or not there is a goodwill situation and the necessary actions are taken.
  • The unconscious will theory
  • Historical law theory is based on the history of law nations. Law lives and develops naturally with a nation, not the will of a legislator.
  • According to the theory of natural law, natural law must exist before human beings exist, and the law that people make must conform to this natural law. Human rights are evaluated according to natural law theory. For example, the right to life that people have naturally can not be changed or removed.

 

  • Positivist theories
  • Some positivists; That the law is born of the will of the state, and that some are social. Marx’s thoughts in the field of law are also among positivist theories. According to him, all social events are based on economic events, indirectly based on social events.

 

  • Legal systems
  • In legal science, some systems have emerged in the direction of form, priorities and principles.

 

  • Roman law
  • It is the system applied by European countries. Roman law is the most widely taught legal system in law faculties all over the world, and is the source of secular legal systems that are applied today in many countries. In this system, there are two main divisions: law, public law and private (civil) law. This understanding has made it especially important to organize the relations among citizens. For this reason, Civil Law is much more advanced than other systems. Law makes laws.
  • Corpus juris civilis” or “Justinian Codex” compiled in the city of Istanbul during the Byzantine Emperor Justinian (AD. 565)
  • It is a collection of Roman law adapted to the Byzantine period. This review played an important role in the survival of Roman law and later on the modern legal systems of modern Europe.
  • There are many fundamental principles and sayings left by Roman law. Principles of innocence (no one can be considered guilty without proving guilt), unlawful crime and no criminal principle (an act which is not legally defined as a crime can not be regarded as a crime and can not be punished), independence of the law from the ruling power and no one’s own case can be judge. .

 

  • Omnes homines aequales sunt (All people are equal)
  • Nullum crime, nulla poena sine lege (Unlawful crime, no unlawful punishment)
  • Actori incumbit onus probandi (The burden of proof belongs to the plaintiff)
  • In dubio pro reo (The defendant benefits)
  • Infinita aestimatio est libertatis (The value of freedom is endless)
  • Iustitiae dilatio est quaedem negatio (Delayed justice means its rejection)
  • Leges ab omnibus intellegi debent (Laws must be understood by everyone)
  • Litorum usus publicus est (Coasts available to all)
  • Ne bis in idem crimen iudicetur (You can not be convicted twice in the same suicide)
  • Nihil iniquis venali iustitia (There is nothing worse than justice that can be purchased)
  • Non servata form corruit actus (If the shape is not observed, the treatment is broken down)
  • Poena corporalis maior qualibet poena pecuniaria (body punishment is heavier than all kinds of money)
  • Quilibet praesumitur bonus, usque dum probetur contrarium (It is the belief that someone is good faith until otherwise proved)

 

  • Common law
  • It is a system applied in Anglo-American countries. XI. It grew in England in the 19th century. They do not distinguish legal departments such as the Roman legal system, but also see judges as law-makers. However, the deficiencies caused by innovations brought about by development and technology have been tried to be resolved by the law. It is commonly referred to as Common-law in law faculties. Exceptionally, the state of Louisiana in the United States and the State of Quebec in Canada are not governed by common law.
  • Islam law
  • Islamic law is based on the principles of Islamic religion and the Qur’an is seen as a source of law. If there is no provision in the Qur’an in Islamic law, the words of the Prophet (hadith) and his actions (circumcision) are taken into consideration. Comparative and Involvement (opinions of court jurisprudence and religious scholars) have a significant share in the formation of the law.
  • Because of the existence of a sultan, the legal system applied in the Ottoman Empire shows monarchical perception like in the West, the existence of the authority of the monarchy to take a sultan from a duty, to what extent Islamic law is applied.
  • Today, there are countries where laws are set in line with Islamic rules.
  • Socialist law
  • It is a system applied to socialist countries after the Russian communist revolution. It is mostly based on economic conditions, and the most important bearing is that the right to property belongs to the collective, not the persons. The interests of the society have been observed rather than the private law among the individuals. Moreover, according to Marxist and Leninist opinion, socialist law is temporary and regulates the society, and there will be no need for a legal system based on dictatorship when the society is communist. After socialism collapsed in Europe, the socialist legal system was also negatively affected.

 

  • International law
  • International law is a public law regulating the relations of a state with another state or a state or a state with international organizations. The rules of law governing the relations among the citizens of a state are called “domestic law“. The rules governing the relations of a state with other states or international organizations bring about “foreign law“. In domestic law the state has a superior will.
  • However, in international law, there is no such authority as a state, which has a superior will, that is to say, the states to which they are attached and which will apply them. There is equality between states in international law.
  • The international community is a system in which equal and sovereign states lie side by side. In this system, equal and sovereign states are side by side, both distinctive and weak. This makes the system powerless, because the entities that formulate, enforce, and interpret the rules are equal and sovereign states.
  • There is no upper body as a source of legal rules that regulate the relationship between equal and dominant entities. Therefore, in this system, the rules are the same as those that will be created and attached to it. In the international society there is no centralization like the state, and it shows a structure lacking organization. The legislative function is carried out by the states.
  • Resources of international law, treaties, customs and customs, general principles of law, jurisprudence and doctrine. The major subjects of international law are: sources of international law, persons of international law, spatial rules of international law, land, sea, air country, recognition of states, succession of states, diplomatic relations, responsibility, solution of conflicts, use of force.
Law
Author: wik Date: 8:56 pm
Social sciences and society


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