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The law in the axis of civil society and political societya theoretical analysis through the ideal type legal norm

2021
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Advisor: Prof. Dr. Hamza Al

Abstract (EN)

Civil society and political society conceptualizations are widely used in studies on democracy. These concepts have not been used sufficiently understanding of the "law" phenomenon, which is an indispensable complement of pluralist democracy. In the name of making law pure science and purifying it from unlawful concepts, the movements that reduce the law to only the rule, ignore the ties of law with society, justice and morality. Within the framework of the relation of civil and political society with law, rights and activities such as civil disobedience, which are of vital importance, should be associated with the coercive element of the law. The political society has to be active in areas where civil society is not sufficient for the reproduction and development of civil society. The law should have an understanding of justice that will encompass the whole society and should aim to protect and develop human rights and freedoms. A rational law can be a guarantee for modern civil society based on difference and pluralism. The sociology of Max Weber is based on the conceptualization of "ideal type" within the framework of qualitative method based on understanding. Ideal type conceptualization is very convenient method in determining the characteristics that the legal norm should have. In this study, the ideal type legal norm will be tried to be conceptualized.

Author

Dr. Ümit Müderrisoğlu

How to Cite

Ümit Müderrisoğlu (Doctorate thesis). The law in the axis of civil society and political societya theoretical analysis through the ideal type legal norm, 2021, Sakarya University.

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