We need rules in order to live together.
RULES
Social order rules are necessary for preventing
chaos & anarchy in society,& for providing
peace & security for everybody.
Legal
Rules
classification of legal rules
according to their contents
compulsory legal rules
all the behavior or proceedings
spare legal rules
complementary rules
must be comply with them
(are often used in law of
persons or parties of
contracts.)
proceeding cannot amend or
interpretive rules
ignore compulsory legal rules
by their own will
phareses such as ''liable to
do'',''shall'', & ''has to'' are
presented.
Religious
Rules
Moral
Rules
Etiquette
Rules
(ethics)
descriptive legal rules
never consst of types of
compulsory or imperative
they only include some
determinations
comes from customs
rules of good
manners
DEFINITION OF LAW
Imperative social rules that regulate the relations
citizen vs citizen
citizen vs state
state vs state (international level)
STATE prepares the rules & sanctions
JUDGE applies them
LEGAL VS. OTHER RULES
1.sanctions made by state
2.should be written
3.related to external behaviors
4.can't be change region to region
LAW
SET OF RULES
THAT CALLED AS
NORMS
IF YOU DON'T OBEY
THE RULES, THERE'LL
BE SANCTIONS
(PUNISHMENTS) OF IT.
the main characteristics
of legal rules
a)established & enforced
by the state
b)mandatory
c)involve consequences
RULE & SANCTION
A. SANCTION
The response that will be seen in case of
acting contrary to commands & prohibitions
set up by any legal rule,not doing what it
commands to do or else doing what it
commands not to do.
Sanction Types :
1. punishment
2. security precautions
3. invalidity
4. compensation
5. compalsory execution
6. cancellation in administrative procesesses
B. PUNISHMENT
New Turkish Penal Law separates sanctions
into two main parts as ''punishment'' &
''security precautions'' in the scope of criminal
law.
1.PRISON SENTENCES
a)aggravated life imprisonment
b)life sentence
c)temporal prison sentence
2.FINES ( ANY SANCTION TOWARDS
THE PROPERTY OF CONVİCT)
a)judicial fine - regulated by Turkish Panel Law
(only a court may enact it)
b)administrative fine
a)Judicial Fines
are applied not together with a prison
sentence but as an alternative to it. (but, in
some cases judicial fine shall be enacted
together with a prison sentence)
3. NON-JUDICIAL PUNISHMENTS
are applied according to the administrative
procedures decided by administrative
authorities
TCK ( Turkish Criminal Code) stated these
punishments are applied to everyone in case
of breaching relevant crime type irrespective
of his/her position or status
e.g.
military punishments can only be given to the
persons who have the status of a soldier
warning, condemnation, cutting salaries,
stopping promotion, temporary export
punishments & permanent export punishment
C. SECURITY PRECAUTIONS
1. Being deprived of using certain rights
2. Confiscation ( appropriating an object
which is used for committing a
crime, & hand over it to National
Treasury complying with a decree)
a) confiscation of property
b) confiscation of revenue
the court may pass the resolution in
order for the debt enforcement office
to confiscate or in some cases debt
enforcement office else directly
confiscate the goods of the debtor,
sell them & pay back the debt to
the lender.
b)Administrative Fines
are mostly applied types of administrative
sanctions
are applied by administrative regarding
violations that are explicitly envisaged while
executing public duties
aim to protect administrative from the breach
(administrative infraction), to assure execution
of administrative activities by means of
sanctions & administrative sanctions, & to
prevent improperbehavior
Non-judicial punishments are given to
persons on a certain status such as civil
servant or students according to legal
rules they are dependant.
D. COMPULSORY EXECUTION
implemented by state organs
not a form of punishment
in forcing that person to comply with the
command of the legal rule
e.g.
if a debtor does not pay his debt, he doesn't
receive any punishment, but the lender may
apply to the court or else may go to the debt
enforcement office & demand his debt to be
reimbursed by force.
E. COMPENSATION
applied to someone who causes someone else to
suffer loss by breaching a legal rule
someone who causes a loss with an illegal act or
behavior shall pay the loss
a) compensation rising from a tort
b) non-pecuniary damages
c) compensation rising from contradiction to debt