Rules of law

Rules of law

Opinions on the basis of law:

- the rules of law are based on the historical experience of societies. Law is a consequence of the requirements of society.

- what is the legal basis is also the source of political conflicts. For example, thinkers who tried to build large kingdoms against the feudal system in the Middle Ages suggested that the authority to set the rules of law was given to kings by God.

- However, thinkers who fought against the aristocracy during the French revolution argued that the source of law was the social contract.

- socialism, which is fighting capitalism, has recognized that the law is based on historical experience.

Elements of the rules of law:

• issue

• willpower - orders and

• there are three basic elements, namely sanctions.

1- subject

• the subject is the relations of persons regulated by the rule of law, as well as the actions and transactions related to these relations.

• This aspect manifests itself in terms of sanctions.

• the fact that sanctions will be applied to a person who does not comply with the rule of law also makes it necessary that the issue be human behavior.

• although the subject of law is mostly human, action and will explanations, it is seen that exceptionally some natural phenomena are also the subject of the rules of law.

• The most typical example of this is death. Although death is a natural phenomenon, law has regulated the consequences associated with death.

2. Will - commandment

• The order or will indicates the order and obligation given to the person.

• The fact that the rule of law orders or prohibits it from being done constitutes the ordering element of the rule of law.

• A rule without an order element cannot be defined as a rule of law.

• The element of commandment is also called the normativity of the rules of law.

3. Sanction

• It is the sanction supported by the state that will arise in case of violation of the order.

Sanction ( sanction ) = the reaction encountered when the rules governing social life are not followed.

Material sanction

- punishment, forced execution , invalidity , cancellation, compensation.

- they are sanctions applied only in the legal system.

Spiritual sanction

- religion is applied in case of non-compliance with the rules of foresight and morality.

- shame, condemnation

- don't be a sinner

Sanctions of the rules of law

- the sanctions of the rules of law are material.

- the fact that the sanction is material means that in case of a violation of the rule of law, the state ensures that anyone who violates the rules of law using public power will suffer the consequences of this violation.

Sanctions of the rules of law;

- penalty

- forced execution

- compensation

- cancellation of administrative action

- invalidity

Punishment

- these are the sanctions that will be faced by those who commit acts established as crimes and imposed by the state.

- punishment, which is one of the branches of public law, enters the subject of law and is carried out by the state using public power.

- the sanction imposed by the state against this act of a person who commits intentional manslaughter is a life sentence.

For example;

Mahmut bought organs from the recipient without a valid consent.

Mahmut was sentenced to 7 years in prison for this crime, which is referred to as organ and tissue trafficking in the Turkish criminal code.

In our example, Mahmut faced criminal sanctions for committing a crime.

- imprisonment

- disciplinary action

- fine

- punishment for public service

Forced execution

- a person who does not fulfill his debt is forced by the creditor of that debt relationship to fulfill his debt using state power.

- due to the fact that a person who has some debt does not pay this debt on time, his creditor, through the executive bodies of the state, forecloses the debtor's property, sells it and gets what he will get from the sale money.

- if a person who is a dependant of his mother who has fallen into poverty does not pay child support, the competent authorities of the state ensure that this obligation is fulfilled.

- the payment of alimony by state force is an example of a forced enforcement sanction.

Compensation

- This is a sanction for the fact that a person is sentenced to pay for this damage caused by the fact that he has harmed another person in an unlawful act.

- it is one of the special legal sanctions.

-it is divided into material compensation and non-pecuniary compensation:

1- material compensation

• if the damage caused is of a material nature, the person who caused the damage faces material compensation.

2 - moral compensation

• if the damage caused is of a blue nature, the person who caused the damage faces greengrocer compensation.

For example, relatives of the driver who died as a result of being hit by a vehicle driven by an unidentified person while repairing a defective truck may file a compensation claim against the employer for the fact that the employer is defective due to the fact that the vehicle does not have periodic maintenance.