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Turkey Law System

Law fulfills two main functions: 1. It ensures order, 2. It establishes justice. The Relationship Between Justice and Order, Professor Australia. It has been covered extensively by Hedley Bull. Justice and Order, as well as complementary to each other ,are two concepts that, interestingly, act in inverse proportion to each other. Quickly maintaining order will definitely lead to a lack of justice. For example, in a murder case, as in previous ages, making a decision and executing the criminal in a very short time will ensure the social order and the law will show its deterrent effect as quickly as possible. But maybe a wrong decision will have been made, so an irreversible mistake will be made in terms of justice. On the contrary, trying to fulfill the Justice in absolute terms will cause the order to deteriorate, at least in terms of loss of time. That is why people's lack of confidence in the slowness of the legal system and the delay of justice is one of the main problems of modern legal systems.

The feature that distinguishes law from the customs, traditions and religions, which are the rules that regulate other society, is that it is secured by the state and has forceful sanctions. Legal rules regulate human behavior and carry the value judgments of the society. Its abstraction and generality feature, it is ensured to be applied in all similar situations.


It is not only applied to a certain person, but to all people in the same situation. The Law Rules apply to everyone. However, there may be exceptions. Example, those who do not have mental competence are not punished.


It is the application of the rule of law to not a single event, but to all events showing the same feature.


It is the application of a rule of law as long as it is in force. (Continuity never means unchangeability. Because the rules of law can always be changed or even abolished by the legislator.) Exceptionally, some laws do not have a continuity. Such laws are issued for a certain period of time and are only implemented during that time.


It means that the rules of law must be obeyed.
In binding, the person is expected to obey the rule and can obey without the need for coercion. After the rule of law is socially accepted, many people follow it without coercion. However, in coercion, only those who do not comply are difficult.
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