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“Hukukun Bir Dalı Bakımından Hukuka Aykırı Olan Fiil Hukukun Diğer Dalları Bakımından da Hukuka Aykırıdır” Önermesinin Doğruluk Değeri

Journal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi (Necmettin Erbakan University Faculty of Law Review) (Vol.5, No. 2)

Publication Date:

Authors : ;

Page : 762-787

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Abstract

According to an opinion put forward regarding the illegal element of crime in Turkish teaching, if an act is illegal in one branch of law, it is also illegal in terms of other branches of law. It is argued that this proposition is a requirement of the principle of unity and integrity of the legal order. Law is not a chaotic system where norms come together independently and randomly. The main function of law is to guide behavior. In order for this function to be fulfilled, the same behavior must not be lawful according to one branch of law and unlawful according to another. Therefore, we agree with the thought behind the agreed proposition. What we do not participate is the proposition that is put forward to reveal the principle of unity and integrity of law. In our opinion, the correct proposition is this: An act that is lawful in one branch of law is also lawful in other branches of law.

Last modified: 2022-12-30 21:18:39