Approaches to Legal and Moral Rules

Throughout history, bounty has managed to live as a group, a high federation, in narrate to establish security and survival. fit in to Aybay (2009:11), there would be no use of justness if individuals way would never have a chance to cross, since a integrality isolation from radical(prenominal) individuals is not possible, a system of uprightness must be realized in a society in identify to protect the order and the individuals safety. There argon various perceptions of order and law claimed to provide an ideal order to individuals. In this essay, the perception(s) of law intrinsic to the texts of Rona Aybays and Hermann Kantorowiczs will be draw especially by elaborating their pot on sources of law, validity and applicability of statutory norms, criteria differentiating legitimate norms and new(prenominal) social linguistic rules and discuss which unmatched of these perceptions of law is more sufficient for a concept of rule of law that provides guarantees fo r the ruled against abuses of the rulers in a given governmental system.\nAccording to Aybay, besides the wakeless order, there are other existing orders such(prenominal) as religious order and the clean-living order (Aybay, 2009:9). The moral rules, which drop be also delimit as ethics, are reflections of what is unseasonable or right conducted generally from the daily life experiences and corporation be linked with profound rules. There are examples of efficacious law referring to the moral rules in Turkish Civil inscribe and the Code of Obligations (Aybay, 2009:11-12). In oppose to latter explanation, acts which are entirely controversial in cost of morality yet, not be regarded as crime because such acts are not against legal rules, therefore, accusations accordingly with the moral rules rendered impair under the legal rules (Aybay, 2009:13). \nIt is declared that religious rules were a major compound of moral and legal rules at the ancient propagation; all thre e were co-ordinated with each other (Aybay, 2009:20). \nBy the time passed, needs of society have changed, there has occurred new relations among ...