Master'sOpen Access

Psychological element

2019
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Advisor: Prof. Dr. Muharrem Kılıç

Abstract (EN)

This study is the conclusion of a post-modern interpretation to fact of law excluding the case-law. In addition, this study is based on the observation that the legislative intends to manufacture consent in society about laws that are or will be enacted and it interpretes the fact of law via Hart's perspective. The idea of law having another face that has a invisible but perceivable characteristic, similarly to Janus is put forward. In this context, the fact of law is examined in its conceptual and historical dimensions. Literatures of law philosophy, sociology, anthropology are reviwed to that end. In the light of the findings obtained, a recently discovered 'psychological' element of law is defined and the method and direction of the creation of this element are explored. Additionally, in order to observe the ''Psychological Element', 'The Patriot Act' of U.S.A., 'The Tax Resturucting Act' of Turkey, 'Seninki Kaç Santim Campaign' of Greenpeace Turkey and 'Yellow Vests Movements' in France are analyzed by means of deconstruction, linguistics and semiotics. Especially the research of contemporary theorical literature makes this study multidisciplinary and special. 'Psychological Element' is defined for first time in fact of law and discource- semiotic are analyzed for corroborating the definition makes this study unique.

Author

Muhammed Emin Yıldız

How to Cite

Muhammed Emin Yıldız (Master Thesis). Psychological element, 2019, Ankara Yıldırım Beyazıt University.

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