Hukuk ve politika ilişkisi: Eleştirel hukuk çalışmaları ve hukukun politik karakteri
Akman, Şefik Taylan
MetadataShow full item record
The classical approaches to law are based on the premise that there is an unequivocal distinction between the law and the politics. In this context, the law is accepted as a field which is impartial, objective and certain, and in which predictable results are achievable. At the same time, the classical approaches distinguish the law from the politics explicitly and see it as a phenomenon to be considered on its own. These approaches, which evaluate the law with a formalistic method, shaped the legal order to justify the needs the politic and economic liberalism. Thus, the principles of the liberal legal order emerged in the 18th and 19th centuries. However, beginning from the early 20th century, objections to the introverted legal perception, which focused on the assessment of law only with legal instruments, have arisen. First, the Legal Realism School, then the Critical Legal Studies movement examined the conclusions of the liberal interpretation of law from a critical perspective. Particularly the Critical Legal Studies movement defended the ?law is political? proposition on the basis that the law is indeterminate, partial and ideological.In this study, basically, a holistic review and critique of the liberal legal order will made. In this context, by considering issues like legal order, legal norm, formalist and objectivist legal approaches, indeterminacy thesis, partiality and ideological character of law, an attempt will be made to develop a structural analysis towards to the law. Additionally, the function of the liberal legal order protecting the existing economic and political status quo will be investigated, and the convertibility potentials of law through its contentious use will be questioned. Finally, the meanings of the freedom of contract, property rights, the rule of law and generally the system of rights under the liberal system will be reviewed.