Yapay Zeka Hızlı Bakış & Çıkarımlar
AI InsightThis, rather, emphasizes the role of norm in the law.
📌 3 Maddede Bu Makale
Özet
In this study, will be made the evaluation of some criticisms made for Foucault’s power views in the context of state and power relationship. While doing this, first of all Foucault’s views about the power will be discussed shortly in this context and then the criticisms will be examined. Finally, an evaluation will be made moving from Foucault’s ideas. Foucault criticizes the viewpoints discussing the power dependent on the state. Because according to him, such kind of evaluations remains insufficient while discussing power problem. However, power has a wider and more common basis. Of course, the state has an important role in the functioning of the power; however this is not mean that power is equal to the state. On the other hand, the power is running not only with the power of the rules but also through the norms when the law is concerned. Right runs in the context of a “game of norm”. This doesn’t mean that to reduce the rules to the norms or to say that the rules are insignificant in legal procedures. This, rather, emphasizes the role of norm in the law.