The formation of judiciary in primitive societies and in early states

In this study, primitive societies and early states are examined in the context of the primary formation of judicial mechanisms. It covers the major cultural regions of the world in terms of location and a wide historical range, due to the breadth of the types of society covered. In the first part, the definitions and classifications regarding the basic concepts in the study are explained. In the second chapter, the primitive societies were evaluated under two headings as unstratified and stratified, and the data obtained from the societies in the sample were examined in the context of legality and judiciary. In the third part, the early states were discussed under two headings as the primary early states that emerged with their own internal dynamics and the secondary early states formed by the direct or indirect effects of other states, and the data obtained from this sample were evaluated on how the legality and judiciary were formed. According to the conclusion reached in the study, every legal system is based on the application of the Law, which is an expression of the domination relations at the foundation of the society, by using force. The content of the Law, the form of expression or the nature of the actor using power may differ in every type of society, but the basic pattern is the same everywhere. In the unstratified primitive societies, in case of violation of the Law, which is based on patriarchal domination relations, the entire society emerges as the actor who judges and sanctions the violation. However, with the emergence of stratification in the society, new domination relations are added to this primary form of domination, the society is divided into two groups as ruling and ruled, and the jurisdiction is separated from the whole society and gradually falls under the control of the ruling layer. This process, together with the establishment and development of the early state, led to the appointment of professional judges and the establishment of courts subjects to a hierarchical order.