INTRODUCTION TO CIVIL LAW AND
PERSONS
RULES OF THE SOCIAL ORDER I
RULES OF THE SOCIAL ORDER I
• As Aristotle stated: «Zoon politicon». As this expression states that
humans are animals, deeply it states many more points. It stresses that humans are obliged to adapt themselves to the social life. In other
words, humnas lives in society and this is one of their main properties.
• The scope of the social life may differ. As there are differences
betweeen living in a crowed family and living as nucleus families,
there will be also some changes accordint to their preferences to live in a populated city and in a village.
RULES OF THE SOCIAL ORDER I
• However, as it may be easily seen, the common point is the necessity and willingness to live with other humans. Where there is more than one human, there will surely be an order and some rules to keep this order.
• The existence of the order and its rules not only serves to solve problems arose between humans. It also give those humans the information of
what will happen and how it will be solved if there is a problem. So rules give some preliminary information.
• Those rules are called rules of the social order.
RULES OF THE SOCIAL ORDER I
• What are those rules? How they differ from each other?
• There are four types of rules that human used to keep the social order during the history.
These rules had different properties and applications in different societies during the history.
They are:
• Religious rules
• Rules of politeness
• Ethic rules
• Legal rules
• We are going to explain religious rules, rules of politeness and ethic rules and compare them with legal rules.
RULES OF THE SOCIAL ORDER I
• Religious rules
• From the early ages of humanity, religious rules have had a big
importance in social life of humans. These rules regulate teh relations between God and humans as well as some relations between humans.
These rules kept their importance during many years, of the reasons was the idea that the sovereignty of the rulers of the State came from the God not the people. Many legal rules or ethic rules were derived from religious rules.
RULES OF THE SOCIAL ORDER I
• Religious rules vs. legal rules:
• 1. The Sanction of religious rules is moral, however the sanction of the legal rules are based on state sanctions.
• 2. Religious rules don’t change, it stays as it was before, however, legal rules are changeable.
• 3. Some of the religious rules regulate otherwordly and wordly relations however, legal rules only regulates wordly relations.
RULES OF THE SOCIAL ORDER I
• Ethic rules
• Ethic rules are rules about the behaviours that are considered as good or bad according to the society. İt have two types: subjectif and
objectif. Subjectif ethic rules are a persons inner ethic rules, they show the duties of the person to him/herself. Objectif ethic rules are the
value judgments of the society to a behavior.
RULES OF THE SOCIAL ORDER I
• Ethic rules vs. Legal rules
• 1. The Sanction of ethic rules is moral, however the sanction of the legal rules are based on state sanctions.
• 2. Many of the legal rules are written however, ethic rules are mostly not written.
• 3. Ethic rules bear only obligations, however, legal rules bear obligations and give some competences and rights.
• 4. The scope of ethic rules are broader than the legal rules’.
• 5. The rule maker of legal rules are public authoritiis, the rule maker of the ethic rules is either society (objectif ethic rules) or a single person (Subjectif ethic rules).
• 6. Legal rules will be applied beginning from the date stated at by the rule maker, however ethic rules are applied since an unknown date.
RULES OF THE SOCIAL ORDER I
• Rules of politeness
• Rules of politeness are rules showing how to behave at a single situation, place or time. The person obeying those rules will be
considered as polite in a society. They don’t have any source, they are rules that had been applyed and obeyed for many years. They make social life more peaceful and create good relations between people.
RULES OF THE SOCIAL ORDER I
• Rules of politeness vs. Legal rules
• 1. The Sanction of rules of politeness is moral, however the sanction of the legal rules are based on state sanctions.
• 2. Many of the legal rules are written however, rules of politeness are not written.
• 3. Rules of politeness bear only obligations, however, legal rules bear obligations and give some competences and rights.
• 4. The scope of legal rules are broader than the rules’ of politeness.
RULES OF THE SOCIAL ORDER II
• There isn’t a strict distiction between legal rules and other three rule types, such that a legal rule may become and ethic rule in time and vice versa, an ethical rule may become legal rule.
• This relationship shouldn’t be interchangeable relationship. A rule may be regulated as a legal rule and can be applyed by legal authorities. For instance, dammaging people is forbidden in all four types of rules.
RULES OF THE SOCIAL ORDER II
• Law, in Turkish, means the «rights».
• But above that, it is not easy to give a brief definiton of law. Many
scholars discusses about it and it depends on the point of view of the scholar. One may consider law according to its sources, other may the purposes of the legal rules.
• Beside this definition problem, there may be some other meanings of law.
RULES OF THE SOCIAL ORDER II
• Positive law:
• The sum of rules that have entered into force and is still in force in a country called positive law.
• In the scope of the positive law, there are some written rules like
Constitution or Presidential decrees, and also some non-written rules like customs.
• Positive law is the existing law, not the law to be existed.
RULES OF THE SOCIAL ORDER II
• Natural law:
• Natural law is the law to be applied, the law that macthes the societie’s needs at best.
• Natural law is not the existing law, is the law that will be existing.
• As much as positive law’s rules are closer to the natural law, more equal they will be.
RULES OF THE SOCIAL ORDER II
• Enacted law:
• All of the written rules that are being applied in a country are called enacted law.
• It is different than the positive law. In positive law, there are written and non-written rules, however, in enacted rule, there are only written rules.
RULES OF THE SOCIAL ORDER II
• Objectif law-subjectif law:
• In German, Fraench and Italian, the notion right signify the law and a right. So, in those languages, law is objective «right» and rigjhts are subjective «rights».
• In Turkish and English, there isn’t such distinction.
RULES OF THE SOCIAL ORDER II
• Material Law – Procedural law:
• Material law regulates the relations between human is a society and shows the rights and obligations of them.
• Procedural law shows ways and procedures of ow will the rights stated by the material law be gained and how will the obligations will be
performed. It also shows how the judicial process will be.
RULES OF THE SOCIAL ORDER III
• Once the legal rules are regulated, the purpose or the scope of the regulation can be
mentioned by itself. For instance, in the beginning articles of some codes, there are some articles with «purpose od thi herevy code» title.
• Besides, there are two types of justifications, which mainly adresses to the both applyers of the codes and all persons, to learn about the main purpose of the code. One is the
justificatrion of a single article and the other is the whole code’s justification, which is called in general «the general justification of the code».
• Here, we are going to analyse the purposes of the legal rules.
RULES OF THE SOCIAL ORDER III
• 1. To create and maintain order:
• As legal rules are one of the rules of the social order, thier main objective is to first create and then maintain the social order. By that, they will serve the sustainability of the social life and the wealth of the society.
• This property of the legal rules is not only about the social life but also it is about the a single person. With positive legal rules poeple will know their rights and duties.
RULES OF THE SOCIAL ORDER III
• 2. Legal security
• With this purpose, legal rules will be known earlier by the citizens and legal persons.
• So, people will be aware of their right and duties. They will behave accordingly. It is the same for the State. Public authorities will behave according to legal rules.
• With this property, legal rules will prevent misusage of public forces.
RULES OF THE SOCIAL ORDER III
• 3. Providing justice:
• Justice is one of the most discussed notions of the philosph and law. It is as old as the human history.
• By legal rules, rule makers want to create a more equitable society. Any people want to have the justice by help of the legal rules and institutions.
RULES OF THE SOCIAL ORDER III
• 4. Society’s needs:
• Law plays a huge role on following and adapting to the technological changes. Law follows these changes.
• Also, legal rules fullfills the needs and expectations of the society.
• Legal rules are to helps society to live in a better and adapted style.
