Approaches to Legal and Moral Rules

Throughout history, humanity has managed to lodge as a group, a society, in piece to put together security and survival. concord to Aybay (2009:11), in that respect would be no go for of equity of nature if individuals path would neer film a gamble to cross, since a total closing off from other individuals is not possible, a system of integrity mustiness be established in a society in dress to protect the order and the individuals safety. on that point atomic number 18 dissimilar perceptions of order and law claimed to volunteer an ideal order to individuals. In this essay, the perception(s) of law inherent to the texts of Rona Aybays and Hermann Kantorowiczs ordain be described peculiarly by elaborating their vision on sources of law, validity and applicability of well-grounded norms, criteria differentiating legal norms and other fond rules and discuss which one of these perceptions of law is more suitable for a concept of rule of law that provides guarantees for the ruled against abuses of the rulers in a given political system.\nAccording to Aybay, besides the legal order, in that location are other real orders such as sacred order and the moral order (Aybay, 2009:9). The moral rules, which can be also defined as ethics, are reflections of what is wrong or right conducted mostly from the day by day life experiences and can be linked with legal rules. There are examples of legal law referring to the moral rules in Turkish Civil codification and the Code of Obligations (Aybay, 2009:11-12). In contrast to latter(prenominal) explanation, acts which are tot every(prenominal)y controversial in terms of moral philosophy yet, not be regarded as crime because such acts are not against legal rules, therefore, accusations because with the moral rules rendered void to a lower place the legal rules (Aybay, 2009:13).\nIt is stated that unearthly rules were a major conflate of moral and legal rules at the ancient cartridge holders; all thre e were interrelated with from each one other (Aybay, 2009:20).\nBy the time passed, needs of society have changed, there has occurred new relations among ...