INTRODUCTION TO BASIC
PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW
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.
