ABSTRACT

The right to conscientious objection is a right based on anti-war idea If we look at the spectrum of fundamental rights and freedoms, it is an individual right that can be related to more than one category of rights But, the right to conscientious objection is not a right protected by the positive regulations The aim of this study is to see how the Osman Murat Ülke case, which is the subject of conscientious objection at the ECHR, can be can be dealt with through the figure of the “Hercules judge” of Ronald Dworkin

ABSTRACT

Two different judgments of The Constitutional Court on assertions of unconstitutionality of the article 441 of Turkish Penal Code numbered 765 (former), which orders the adultery offence for the male, due to its incompability with the “equality” principle of the Constitution will be investigated . The interesting point in these judgments is that although The Higher Court declines the assertions of unconstitutionality, of the above mentioned article, in a judgment in 1968, it finds it unconstitutional in a different judgment in 1996 . In the first half of this paper, adultery offence for the female and the male will be handled respectively . In the following sections, the process yielding to the judicial constitutional review which resulted in annullment of the article regarding the adultery offence for the male, for its incompability with the principle of equality before the law will be investigated . Thereby, the goal in this paper is an examination of the view of the Turkish Constitutional Court on the principle of equality with respect to the offence of adultery . In this paper, the examination has been limited to the methods used by the judicial consititutional review . Thus, recent discussions regarding “the redefinition the adultery action as an offence (again)” is not considered .

ABSTRACT

In the reproduction of the productive capital, which is a form of reproduction of the capital, law has an important role as an ideological apparatus. The relationship between the wage labor force and the employer, which is the essential element of the reproduction of the productive capital, becomes concrete through the employment contract. On the one hand, law calls the worker a free individual, and says that the worker is free to work or not, on the other the relations of production are regulated by law itself. Thus, the law provides for the reproduction of the productive capital both by its general regulation function and its ideological function. The ideological function of the law spreads to the whole field, but especially the labor contract is important in this respect. When the equality of the parties in the contract of employment and the liberty of contract are evaluated together with the ideological function of the law, the function of the law in reproducing the productive capital can be clearly seen.

ABSTRACT

1789 French Revolution influenced the whole world with its wide and staggering consequences, which can not be limited only by the age and geography. The Revolution, which constitutes the ideologicalpolitical framework of modern bourgeois society, remains for this reason still up-to-date and popular. In the same way, the Jacobins, who assumed the leadership of the movement at a certain stage of the Revolution, were likewise transformed into an image as popular as the French Revolution itself, but unlike the liberation, equality and fraternal emphasis on the Revolution itself, Jacobinism was used in almost identical forms with totalitarianism. The notion of Jacobinism, redefined in common discourse and dominant social science paradigms, is a radical, violent-based form of governance, which is now widely used to express authoritarian criticism. The present study is devoid of these pejorative meanings which are conceived as a consequence of the totally abstracted treatment of the conditions of Revolution in the Jacobin movement. It is suggested that Jacobinism, which distinguishes the French Revolution from other contemporary examples and gives it its radical character, must be understood in its historical and social conditions.

ABSTRACT

In the philosophy of law, the debate about natural law or positivism has existed since the first ages This discussion provides an important perspective on the question of what law is Gustav Radbruch, the Radbruch Formula, provides an essential trail that carries this fundamental debate into the 20th century In its doctrine, Radbruch reviews provide methodological convenience for positivist law for the pre-World War II period and natural law for the post-war period However, in a similar way to this study, the two currents and debates of the philosophy of law are firstly conveyed by their general qualities within themselves, and the Radbruch Formula is referred to as it comes Later, his life affecting Radbruch’s views is given, and finally the Radbruch Formula is reviewed The study aims to demonstrate that Radbruch has shown a moderate passive approach and that there is no radical change in pre-war-post-war views It is hoped, however, that it will be possible to open a small window to the post-World War II post-war internationalization of the naturalistic attitude of revolution with the revolutionary attitude of positivist law.