Adalet Dergisi

Yazarlar: Ayşe Yaşar ÜMÜTLÜ

Konular:Hukuk

Anahtar Kelimeler:Executive and Judicial Systems,Laws,Sociology of Law,Social Evolution,Philosophy of Law

Özet: Herbert Spencer was known as a philosopher, sociologist, biologist, anthropologist and classical liberal political theorist of the Victorian era. He was also regarded as a theorist of natural rights from the law discipline perspective. In his huge volume of works, called synthetic philosophy, he pointed out the historical stages of the whole social institutions and as one of the fundamental institutions he focused Judicial and executive systems and its’ evolutionary progression, as well. Of the law controversies surrounding our century is the debate whether punitive law systems or restorative law systems provide Justice. Therefore Spencer’s intellectual influences and contributions for modern law are important. Because what he expects ‘at the end of the social evolution’ of Judicial Systems is not extensive rules and punishments. According to him, law requires stability. And he thinks industrial type societies are the peaceful and the progressed one. When societies gets this stable status, having voluntary cooperation, fulfillment of contracts and implied assertion of equality in human’s rights. And the consensus of individual interests becomes the chief source of law. For him, Modern Law that supports the general welfare passed from successive stages in the course of social evolution. Then in the course of civilization, legislative power has become a kind of general guidance. This article is concentrating on evolution of Judicial and Executive systems and then questioning, if human being accepts punitive law systems again, could it be read as retrogression of Judicial and Executive systems

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