Modern Toplumda Hukuk Devleti̇: Si̇yasal Meşrulaştirma Araci

Abstract

Law serves to maintain social order. The rule of law was based on the emergence of the bourgeoisie and as a means of protecting its own interests as a result of its political struggle. The rules laid down by law for society and the individuals living in society internalize and apply these rules are the expression of a general and in-kind process that belongs to different social order.The distinctive feature of Modern society is that it brings the rational individual to the fore and that individual exists in the social universe in which he or she resides. This freedom is not based on religious belief but on the rule of law. Modernism, whose birth was based on economics, has also taken its share of Economics in its social reflection and has penetrated all areas of society with this basis. The vast and complex world of Modern society needed the construction of a normative order and sought to remedy this with the rule of law In Modern society, the fact that the state takes the background and the power takes its place and that the law is an element over the state by the hand of power causes the state of law to be interpreted as an important means of ensuring political legitimacy in modern society. With this study, ı tried to examine and evaluate the elements that are effective in this interpretation.