INTRODUCTION TO BASIC
PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW
RULES OF THE SOCIAL ORDER IV
RULES OF THE SOCIAL ORDER IV
• The main characteristic of the legal rules is that they are bounded by legal sanctions.
These sanctions are mainly defined by legal rules and naturally legal rule makers. Any breach of the legal rules will be resulted with these sanctions. These sanctions may differ from each legal rule. They are sanctions that will be executed by public forces and State.
So any sanction but State sanction is refused by the legal system.
• Sanction is the result othat will the breacher of a rule will face.
RULES OF THE SOCIAL ORDER IV
• Sanction in law is the result that the breacher will face in case of the breach of the obligations arose from legal rules.
• Public authorities and more clearly State itself is the only applyer of these sanctions.
• The aim of the sanctions is to make people obey the rules.
RULES OF THE SOCIAL ORDER IV
• Historical background of the sanctions:
• «In ealry ages of the humanity, the main sanction was to revenge from the person.
Than, the condemnation of the criminals has begun. After these period, the procedure of the complaint by the victim to the judge has accepted. The logic was that a crime was only commited against the victim. In time, it was seen than there was also some other types of the crime that was affecting the society but not an only person. Against those crimes, the complaint of everybody was needed. After these era, because it was practically impossible, many crimes against society hasn’t been complainted. Because of that, the order of the society has fallen. Also, behaviors against religion was also considered as crimes. Than in time, it was accepted that crimes are braeches of the public order.
