Fundamentals of Law

Week: 1

Society and Order

Av. Çağlar ALTUN

Tel: 0 532 781 82 18
Mail: ancyra-law@yandex.com
Web: www.ancyralaw.com

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 Society and Order

 Living in society provides humans with a certain degree

of security against the dangers of the nature.
 Life in society gives rise to a need for order.
 Order is the condition in which everything is in its right
place and functioning properly
 In social life, each person is subject to both unwritten
social rules and written laws.

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 Society and Order

 Without regulation, life in society would be in chaos.

 What limits and regulates most of the activities of
individuals in a society is the legal order, in short, the
law.
 Individuals are legally bound to obey the mandates of
the law

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 Society and Order

 Social order is not merely composed of legal rules. In

fact law is only one of the parts that make up the social
order.
 There exist other orders in society, alongside the legal
order, such as the religious order and moral order
 Moral rules are principles, or standards concerning the
right or wrong conduct, which are also called ethics.
 Government does NOT undertake to enforce ethics.
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 Society and Order

 There is a close relationship between moral and legal

rules.
 Many legal rules are derived from morality. Actions such
as murder, theft, defamation and the like are prohibited
by both morals and law.

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 Society and Order

 There is often a conflict between private moral values

and those of the community.
 Whether a contract is against good morals is decided
according to the general standards of morality. The
subjective moral values of the persons involved are not
taken into account.

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 Society and Order

 In ancient times, religious rules included both moral and

legal rules.
 Under such a system, any action against the rules
established by the religion was considered to be
violation of the law.
 The same applied to the medievel European and Islamic
states.

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 Society and Order

 The integration of law and religion leads to a theocratic

state system where religious rules are directly applied to
worldly affairs.

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 Society and Order
PROBLEMS:
 Religious rules are the will of God and can hardly be
altered without committing sin. Law on the other hand
is and must be a flexible instrument of social order
dependent upon the political values and changing needs
of society.

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 Society and Order

 Legal rules, therefore must be amended from time to

time in order to meet the new needs stemming from
the development of human relations.

 Law must be fluid and adapt itself to evolutions in social

relations and technological developments.

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 Society and Order

 In modern times the law is separate from religion,

taking a neutral position towards it. This is called
SECULARISM.

 Turkish law is based on the principle of secularism.

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 Society and Order

 2 November 1922 : Office of Sultan ceased.

 3 March 1924 :
- Caliphate was abolished
- The Ministry of Religious Affairs (Şer’iye ve Evkaf Vekaleti) was abolished and replaced
by The Office of Religious Affairs (Diyanet İşleri Başkanlığı)
- All schools were placed under the supervision of the Ministry of Education

 April 1924 : Religious Courts(Şer’iye mahkemeleri) were abolished.

 10 April 1928 : The constitutional provision stating that «the religion of the State
of Turkey is Islam» was deleted.

 5 February 1937 : Secularism was introduced with an constitutional amendment.

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 Society and Order
 Secularism in Turkey does NOT mean that the law
completely ignores religion. With the introduction of
secularism, religion ceased to be an institution and
doctrine shaping the structure of the State an its legal
system.

 Under secularism the religious beliefs of citizens

become one of the basic liberties protected by law.

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 Society and Order
 Rules of Good Manners(Courtesy) are the rules of good
behavior and good manners.

 The rules of good manners are not legal rules and they
are not enforced by law.

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 Thanks……

Av. Çağlar ALTUN

Tel: 0 532 781 82 18
Mail: ancyra-law@yandex.com
Web: www.ancyralaw.com

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