Common sense and law

Common sense expresses our fundamental, unquestionable assumptions about the life that we live in. The initial dimension of the concept is common sense, which expresses introspection and sound reasoning. The next dimension is good sense, which conveys our common and widespread acceptance. This concept is found in an unnamed form in pre- Aristotelian philosophers. Their point of common sense is mostly negative. Aristotle introduced the terms of common sense, although not in the present sense, and made applications of common sense, although not systematically, in his texts. In the Middle Ages, common sense often manifested as an introspection, but with the increasing influence of Aristotle, then the field of common sense became more visible. In the modern era, common sense philosophies gained great vitality, while the rationalist tradition equated it with good sense, while the empiricist tradition gave priority to the common ground. "Critical prudence", which started with the pragmatist tradition, brought a whole new dimension to common sense. It has positioned it both as an indispensable ground and as a type of knowledge that has been improved by criticism. In this era, common sense and good sense to be used in the same meaning. When it is looked closer to the relationship between law and good sense; It can be seen that these are intertwined. The general principles of law, which are common sense principles of law, are both a source of law and a measure of law with their normative character. The rules of customary law, on the other hand, are not so normative, but always appear as a complementary common sense ground that the law takes into account. The interpretation of the legal norm is in itself an activity of common sense. All methods of interpretation must apply common sense to arrive at a sound question. The role of common sense in the law of proof is quite decisive. Common sense principles are our most important helpers in reaching out the material truth about an event in the past. These are manifested as life experiences, analogy, abduction and conscientious conviction in judgment. On this basis, with this study, the place of the concept of common sense in the history of philosophy and the relationship of the concept with law have been tried to be examined. Key Words: common sense, good sense, legal methodology, law, epistemology