Halk Hukuku Uygulamaları ve Sürgün Gelinler
Özet
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.
