Positive Law
The law in force in a particular country is called positive law. Positive law is applied law. Mer’i, that is, the law that is valid in a country. It doesn’t matter if it’s written or unwritten.
Subject Law
Written legal rules that have been put (was) by the competent public authorities, especially the legislature, are called subject law. Legislative law consists of the constitution, international treaties, law, decree laws, presidential decrees, statutes, regulations and other written rules of law. All of these are collectively referred to as legislation. The term “legislative law” does not cover the outdated written rules of law, nor does it cover the unwritten customary law, which is a part of positive law. The difference from positive law is that it is written. The law in force that is not written is not considered as subject law. E.g; such as the Turkish Code of Obligations, the Code of Criminal Procedure.
Natural (Natural) Law
What guides the applicable law, expresses how it should be.
is the law. In other words, it does not refer to the law applied in a certain place and time, but to the universal law that is assumed to be most suitable for social needs, the creation of man, the nature of things, justice and equity. According to the Roman thinker Cicero, natural law cannot be abolished. Neither the legislature nor society can abolish natural law. You don’t need to be a legal scholar to understand it. Natural law is the same everywhere. Today, the function of natural law is to guide the authorities that set the rules of law.
The difference between positive law and natural law is as follows: Positive law refers to law that is (applicable law), law that should be natural law.
Objective Law–Subjective Law
The word law is used in Western languages in the sense of authority, which can be defined as any kind of interest that is protected both by law and legally and gives the right to benefit from its owner. Therefore, in these countries, different adjectives are put before these words in order to distinguish between the concepts of law and rights; subjective law to express the concept of right; The word law is used to express the concept of law. Since the words law and right are used in different meanings in Turkish, it cannot be said that there is a need to add objective and subjective adjectives to them.
Equity Law
It is the law that stretches the formal aspects of positive law, that is the result of the application of legal rules and aims to correct the results that are contrary to justice. It has an exceptional quality and occupies an important place especially in the discretion granted to the judge.
Substantive Law-Procedural Law
The legal rules that regulate the basis of social relations, recognize the rights of individuals and determine their obligations are called substantive law. In this sense, Turkish Commercial Code, Turkish Penal Code, Labor Law, Turkish Civil Code, Turkish Code of Obligations are examples of substantive law. The legal ways that show how the rights will be obtained and how the obligations will be fulfilled constitute the procedural law. To put it more concretely, the rules that show which case will be filed in which court and in which court are included in the procedural law. Again, within what period of time a lawsuit will be filed, the rights and obligations of the plaintiff and the defendant are also matters included in the procedural law. The Code of Administrative Procedure, the Code of Criminal Procedure, the Code of Civil Procedure are examples of procedural law.
Legal Science
It is the discipline in which positive law rules are systematically explained by being determined and analyzed by scientific methods. Classical jurisprudence tries to reveal the content of all the rules in force at a certain time and place by classifying and systematizing them in accordance with logic. The following disciplines are examined in the science of law; legal dogmatics, legal history, legal politics, legal philosophy, legal sociology, forensic medicine, forensic psychology.
Legal Dogmatics (Dogmatic Law): The branch of science that systematically examines the rules of law in force at a certain place and at a certain time is called positive legal science or legal dogmatics. When dealing with legal dogmatics, it follows from the historical meaning of dogma that existing legal rules should be explained but not criticized according to the word in the text. This is an understanding that was valid in Europe, especially in the period when religious law was valid. Because it was accepted that religious law could not be criticized because it was the product of divine will.
History of Law: The branch of science that examines the rules of law from a historical perspective and explains the stages they go through in the process is called the history of law. This discipline gives the opportunity to compare the historical foundations of legal rules and institutions, their stages at different times. In addition, it also gives the opportunity to examine the institutions of other countries related to the same subject in terms of location.
Legal Policy: By examining the subject and function of legal policy, positive law rules in terms of society’s needs and legal systematics, to fill in the gaps and to deal with the failing issues.
It is to make new suggestions to solve the problems.
Forensic Medicine: It is a branch of science that deals with the application of the knowledge of medical science, especially to the problems in the field of criminal law.
Forensic Psychology: It is a discipline that provides benefiting from psychological information in the field of law and the profession of justice.
Philosophy of Law: It is a discipline that examines issues such as the source of law, the concept of law, how the law should be in accordance with justice, and deals with law from a holistic perspective. Legal philosophy tries to reach a universal idea of law and justice. This discipline also examines the reason for the imperativeness of legal rules.
Sociology of Law: Abstract law deals with social events that give rise to its rules. Because the rules of law are very closely related to the structure of society. Sociology of law tries to establish a causal link between legal rules and social events. In this context, sociology of law investigates social-legal events such as marriage, divorce, bride price, suicide, taking into account the cause-effect relationship.
