Definition and Sources of Law
- Definition and sources of law
- When we look at the historical process, a certain definition of law cannot be made due to the emergence of law in different ways in every period. However, the most common definition of the law is: bütün The set of rules that regulate the relations between individuals and which are subject to certain sanctions if they are not followed..
- There is a self-searching mechanism for people in ancient times. But this situation has caused chaos in society. People have established the rules of law to prevent this. In fact, adherence to these rules of law has created a whole new state system under the name of the state of law.
- With the birth of law, the chaos in the societies was minimized and social peace was sought. And the first examples of this were revealed during the Roman Empire. Even today, most of the law faculties are taught under the name of Roman Law.
RESOURCES OF LAW
- We can classify the sources of law as written legal sources, unwritten legal sources and auxiliary legal sources. The written sources of law are found in the hierarchy of norms. The constitution comes first. The Constitution is the most important source of written law. The constitutions of Kanun-i Esasi, 1921, 1924, 1961, 1982 are examples of our history of law. The constitutions generally contain the basic functioning of the state and the regulations on fundamental rights and freedoms. Law sources, statutory decrees, statutes, laws and regulations can be given as examples.
- Unwritten sources of law when we think of customary law comes to mind. Customary law does not have a system that is applied throughout the state. Rather, it is the source of law applied in some regions. The judges who will apply the rules of law determine the customary law and apply it according to the conditions of the region.
- How is customary law formed? Certain elements are needed for the formation of customary law. These elements are material element (continuity), spiritual element (belief in necessity), legal element (state support). In order for the material element to be formed, this customary rule must be applied for many years. For the spiritual element, there must be a belief in society. And finally, for the legal element, the state's support is necessary.
- The sources of auxiliary law are the case law of the Supreme Court and doctrine.