Halk Hukuku Uygulamaları ve Sürgün Gelinler

Abstract

Law, from archaic times until today, has corresponded to a cultural system regulating the relationship and activities between individuals by determining mutual rights and responsibilities. Yet, every practice that is formed in Folk Law become functional in parallel with the social institutions of the society it comes from. Folk Law guarantees the functions that social institutions face in communal living. In order to provide the continuity of institutions like family, economy, education and religion it is equipped with various arrangements. In addition to rules of law, that is reinforced with authority of government or in spite of them, it is seen that folk laws provide the function of keeping order. The reality is explored in social sciences as pluralist legal theory. In this way the process of non-governmental law orders, producing, controlling and conducting norms can be described. In this research how local law mechanisms produce, control and conduct norms is investigated in the context of this frame. The traditional sanction practice called putting exile in Kaya is dealt with from past to present by this case study. During Turkish Law history, the sanctions of premarital behavior is discussed through both functional structural theory and pluralist legal theory.