INTRODUCTION TO BASIC
PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW
RULES OF THE SOCIAL ORDER II
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.
