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Problem of purpose in law: Izz Ibn Abd as-Salâm and Jeremy Bentham example

2022
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Advisor: Doç. Dr. Şahban Yıldırımer

Abstract (EN)

"What should be the purpose of the law?" different answers are given to this question in every age. The factors affecting this difference are the religious, political, social, economic and cultural structure of the society in which the jurist lives and to what extend the jurist is affected by this. The study is conveyed through the understanding of 'Izz Ibn Abd as-Salâm and Jeremy Bentham who lived in different centuries and in different geographies, but who explained the purpose of law with the principle of utility. Considering the common and different aspects between their perspectives on this principle, it has been tried to reveal on which subjects they agreed or on which subjects they disagreed. The first part of the study focuses on how the authors define the principle in question in terms of law, religion and morality, as well as how the reflection of human innate nature on law. In the second part, it has been tried to explain the definitions of law and the basis on which the system of thought behind the purpose of law is based. The general framework of the factors that are effective in shaping their thoughts, the form and content dimension of law and the issues that can be seen as a result of the relationship of law with religion and morality are discussed. Keywords: Purpose of Law, The Theory of Utility,'Izz Ibn Abd as-Salâm, Jeremy Bentham, Law- Religion- Morality Relationship.

Author

Fatma Babacan

How to Cite

Fatma Babacan (Master Thesis). Problem of purpose in law: Izz Ibn Abd as-Salâm and Jeremy Bentham example, 2022, Ankara Social Science University.

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