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Approaches to Legal and Moral Rules

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Throughout history, humanity has managed to live as a group, a society, in order to establish security and survival. According to Aybay (2009:11), there would be no use of law if individuals' path would never have a chance to cross, since a total isolation from other individuals is not possible, a system of law must be established in a society in order to protect the order and the individuals' safety. There are various perceptions of order and law claimed to provide an ideal order to individuals. In this essay, the perception(s) of law inherent to the texts of Rona Aybay's and Hermann Kantorowicz's will be described especially by elaborating their vision on sources of law, validity and applicability of legal norms, criteria differentiating legal norms and other social 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. According to Aybay, besides the legal order, there are other existing orders such as religious 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 daily life experiences and can be linked with legal rules. There are examples of legal law referring to the moral rules in Turkish Civil Code and the Code of Obligations (Aybay, 2009:11-12). In contrast to latter explanation, acts which are totally controversial in terms of morality yet, not be regarded as crime because such acts are not against legal rules, therefore, accusations accordingly with the moral rules rendered void under the legal rules (Aybay, 2009:13). It is stated that religious rules were a major compound of moral and legal rules at the ancient times; all three were interrelated with each other (Aybay, 2009:20). By the time passed, needs of society have changed, there has occurred new relations among

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