Norm-Value Relationship in Islamic and Western Law


KURBAN Y.

TARIH KULTUR VE SANAT ARASTIRMALARI DERGISI-JOURNAL OF HISTORY CULTURE AND ART RESEARCH, cilt.7, sa.5, ss.1-24, 2018 (Hakemli Dergi) identifier

Özet

The law regulating interpersonal relations arises from society. In general terms, the law, which is the system of norms, uses both material and moral sanctions to force the individual to obey the norm. While the penalties and the administrative sanctions constitute the material sanctions, the world of values constitutes the spiritual dimension of obedience to the norm. Basically, it is not just punishments that lead the individual to obey to the norm but it is the response that what the order or prohibition of the norm finds in the world of values that exist in the inner world of the individual. In the philosophy of law, this situation is called the norm-value relationship.