IRE105-BASIC LESSON 2

Dr. Osman
CONCEPTS OF LAW KURTER
KEY TERMS WE WILL BE LEARNING NEXT TWO
LECTURES
Definition of Law
Functions of Law
Justice
Order
Legal Traditions
Civil Law
Common Law
Religious Law
Sources of Law
Hierarchy of Laws in Turkey
 RULES GOVERNING COMMUNITY LIFE
 People live in societies and communities.
 The continuation of social life in an orderly manner depends on the existence of a set of
rules that people must abide by in their relations with each other and with society.
 The rules that show the duties that people living in a society have to fulfill and the authorities
they will use are called "social order rules".
 There are a wide variety of social order rules that regulate social life.
 These are “religious rules”, “morals rules”, “etiquette rules” and “legal rules” called
laws. Although these rules have similar characteristics and each of them is intended to
regulate the life of society directly or indirectly, there are important differences between them.
 Although there are many features that make law different from other rules, the most
distinctive feature is the sanction element in law. These sanctions and their implementation
are guaranteed by the power of the state.
 RELIGIOUS RULES
 Religious rules, which are among the rules of social order, have maintained their

importance for centuries. Even in primitive ages, it can be said that the social
order rules of the butt had a religious character. While religious rules regulate the
relations between God and people, on the one hand, they also regulate the
relations between people, albeit indirectly, as will be explained below. These rules
are rules set by God.
Some of the religious rules regulate "otherworldly relationships", some "worldly
relationships", and others regulate both otherworldly and worldly relationships. For
example, prohibitions on murder, stealing, covetousness, and lying regulate both
worldly and otherworldly relationships. On the other hand, the rules that require
belief in God and His Prophet are only rules related to otherworldly relationships.
 RELIGIOUS RULES
 The rules of religion and legal rules differ from each other on some points: The
sanction of religious rules is generally spiritual. This is in the form of being a sinner
and being punished by God in the hereafter. In other words, the punishment for
violating the rules of religion can only be given when he dies, not while he is alive.
However, the punishment for violating religious rules is not only of a spiritual
nature. For example, when the religion of Islam is considered, there are worldly
punishments such as amputation in case of theft, retaliation in case of murder,
and stoning in case of adultery. Religious rules generally regulate the rules of
people's beliefs, and these rules, which are God’s commands, are unchangeable
over time. However, since the rules of law are put to ensure social order, they
change in parallel with the changes in social life.
 ETIQUETTES RULES
 People have to live together. Just like every game has a rule, living
together also has certain rules. It is clear that people who comply with
these rules will meet their needs more easily and make them happier. For
this reason, it is a necessity in life for people to learn certain rules that
regulate social life and make them behave. One of the rules that people
living in a society have to follow is etiquette. In the formation and
development of a society, the rules of etiquette applied among the people
who make up that society has an important place. There is no obligation to
comply with general etiquette rules. In other words, non-compliance with
general etiquette rules does not constitute a violation of the law.
 ETIQUETTES RULES
 However, society defines and condemns those who do not follow the general etiquette with
adjectives such as ignorant, selfish, rude, and disrespectful. Persons who comply with the
general etiquette rules that are effective in the regulation of social life; It is possibly described
as decent, respectful, and kind. These rules can also be considered as an indicator of the
level of civilization in society. Getting rid of selfish and rude thoughts and putting one’s
behavior towards others in order helps one to be sensitive and kind. This ensures that
people’s relationships with each other are healthy and consistent. There is no school to learn
etiquette. Etiquette differs between different nations and internationally, as well as in individual
parts of society. Therefore, besides the importance of etiquette in the internal life of society, it
is also of great importance in international life. It is even seen that some etiquette rules are
included in the law. For example, although it is an etiquette for two people to greet each other
on the street, it is a legal duty for two soldiers to greet each other in a certain manner.
 MORAL RULES (PRINCIPLES)
 One of the rules of social order that regulates social life is moral rules. Morality
consists of rules regarding the behaviors that should and should not be done
according to the value judgments formed about goodness and evil in society.
 Moral rules are divided into two subjective and objective moral rules.
 Subjective moral rules are moral rules that show how people should behave
towards themselves. In other words, subjective moral rules show one's duties
towards himself.
 On the other hand, objective moral rules are moral rules that show the behavior
of people in their relations with each other in social life.
 LAWS-LEGAL RULES
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 WHAT IS LAW
Law is everywhere. It shapes our daily lives in various ways. Law regulates
virtually every aspect of our lives, from the cradle to the grave, though we may not
always be aware of this fact. The legal system lies at the heart of any society
since it regulates the conduct of almost every social, political and economic
activity. Depending on the complexity of a given society and its economic
advancement, the regulatory scope of law expands. By regulating our relations
with other members of society such as marriage in family law, school life in
administrative law, or our life as a consumer in consumer protection law, the
legal system seeks to uphold certain values such as justice, freedom, security,
and the like. And most of the time, the law makes us do things we do not want to
do.
 WHAT IS LAW?
It is hard to provide an all-encompassing or agreeable definition of law, but
a standard definition that contains the most significant elements would read as
follows: “law is a set of rules which a particular country or community
recognizes as regulating the actions of its members and which it may
enforce by the courts.” This definition is positivistic, since it limits law with
already posited, positive laws.
It would be useful to provide some definitions of law each of which
emphasizes an important aspect of the concept of law in one way or another:
 WHAT IS LAW ACCORDING TO SOME DIGNITARIES?
What the ruling part of the state enacts after considering what ought to be done, is
called the law. Xenophon
 Law is a definite statement according to a common agreement of the state giving
a warning on how everything ought to be done. Anaximenes.
 Law (lex) is the highest reason, implanted in nature, which commands what
ought to be done and prohibits the contrary. Cicero
 Ius (law) is the art of what is right and equitable. Lex (statute) is ius enacted by
wise princes. Petri Exceptiones Legum Romanum
 A law is an ordinance of reason for the common good, promulgated by him who
oversees the community. Thomas Aquinas
 WHAT IS LAW ACCORDING TO SOME DIGNITARIES?
The sum of the circumstances according to which the will of one may be reconciled
with the will of another according to a common rule of freedom. Kant
The organic whole of the external conditions of life is measured by reason. Krause
An aggregate of rules which determine the mutual relations of men living in a
community. Arndts.
Law is the expression of the general will. Rousseau
The sum of moral rules which grant persons living in a community a certain power
over the outside world. Sohm
Those rules of intercourse between men which are deduced from their rights and
moral claims; the expression of the jural and moral relations of men to one another.
Woolsey
WHAT IS LAW ACCORDING TO SOME DIGNITARIES?
 Law is a body of rules for human conduct within a community which by
common consent of this community shall be enforced by an external power.
Oppenheim
 The law of every country … consists of all the principles, rules, or maxims
enforced by the courts of that country as being supported by the authority of
the state. Dicey
 DIFFERENCE BETWEEN LAWS AND CUSTOMS
 Laws evolve from traditions, cultures, and values.
 Law is a set of enforceable rules of conduct that set out guidelines for the
way individuals and society behave.
 Laws are dynamic, and always try to keep up-to-date with changing society
that we live in.
 Customs are collective habits or traditions that have developed in society
over time.
 Customary laws are principles and procedures that have developed due to
the customs of people or nations.
 Nation-state refers to a politically independent country.
FUNCTIONS OF LAW-WHAT IS IT GOOD FOR?
 Preserving order
 Achieving justice
 Protecting rights
 Imposing duties
 Establishing a framework for the conducts
 Promoting freedom
 Upholding the rule of law
 Protecting security
 Resolving disputes
Offenders: should be punished- Torts: should be compensated-
Agreements: Should be enforced
See you next week!😀