Trying to unite ideas of retribution with ideas of prevention in different variants, absolute and relative theories of punishment have led to so-called unified theories of punishment. According to the unification, society shall threaten to punish and the penalty shall be pronounced and executed with the aim of protecting society against further offenses but all this shall be done in a way adequate to the wrongdoers’ guilt.
Sayfa 114Kitabı okudu
Elasticities of Demand
1) Price elasticity of demand: The sign of the price elasticity of demand is always negative because of the law of demand. It measures how much quantity demanded of a good changes when there is a change in the price of the good. The price elasticity of demand measures the price-sensitivity or responsiveness of consumers. It is calculated as the percentage change in quantity demanded by the percentage change in price. That is:
Price elasticity of demand = Percentage change in quantity demanded / Percentage change in price
2) Income elasticity of demand: It measures the response of quantity demanded to a change in consumer income. For normal goods it is positive, for inferior goods it is negative.
Income elasticity of demand (Ed1) = Percentage change in quantity demanded / Percentage change in income
3) Cross-price elasticity of demand: For substitute goods, an increase in the price of one leads to an increase in the quantity demand of another. For complements goods, an increase in the price of one leads to an decrease in the quantity demand of another. The cross-price elasticity of demand measures the response of demand for one good to changes in the price of another good. For substitute goods it is positive, for complementary goods it is negative.
Sayfa 106Kitabı okudu
Court decisions are usually categorized as interlocutory decisions (ara karar) and final decisions (nihai karar). This distinction is made mainly to determine the appealability of a decision. Interlocutory decisions, which are decisions made in order to resume the action as opposed to terminating it, are not appealable in principle as opposed to final decisions. In principle, the court may reverse its interlocutory decision at any time.
Final decisions of the court are generally categorized into three categories, which are (1) procedural final decisions (or dismissal of the action on procedural grounds), (2) the judgment (hüküm) (ruling on the merits) and (3) decisions declaring that the subject matter of the action has perished (therefore there is no need to render a judgment). Procedural final decisions are the dismissal of the action on account of procedural errors. These decisions do not resolve the dispute; therefore, a new action may be filed again. Judgments, on the other hand, resolve the dispute and therefore constitute res judicata, upon which they become unappealable. If a party files another action identical to the previous one, the court must dismiss the action on account of a res judicata on the matter.
Sayfa 188Kitabı okudu
The view of society as a totality is no doubt illuminating when set against the view that ideas, politics, law, religion, and so on have a life and history of their own, independently of mundane economic matters. Nevertheless it does not amount to ‘the law of development of human history’, or to a scientific discovery comparable to Darwin’s theory of evolution. To qualify as a contribution to science, a proposed law must be precise enough to enable us to deduce from it certain consequences rather than others.
Sayfa 54
Law does not necessarily approve what it does not condemn.
Sayfa 26Kitabı okudu
Sources of Law in Civil Law System
1) Main Sources
a) Written Sources (Legislation)
b) Unwritten Sources (Customary Law)
2) Secondary Sources
a) Decisions of Judges (Case Law)
b) Teachings of Judges (Doctrine)
Sayfa 22Kitabı okudu
Arbitration (tahkim) is a dispute resolution method in which the parties choose the arbitrator (or the arbitrators) and the procedure to be followed. Otherwise, arbitration is similar to litigation in courts as both methods determine which party is right and both render binding final decisions.
The scope of the rules of arbitration in the CoCP are limited to disputes that do not involve any foreign element as defined by the Code of International Arbitration, for which the seat of arbitration is determined as Turkey (art. 407). Disputes arising from rights attached to real property and matters on which the parties may not freely act are not eligible for arbitration (art. 408). Most of the provisions regarding arbitration are not mandatory. However, there are some mandatory provisions regarding which the parties may not agree otherwise. For instance, according to article 423, the parties share equal rights and powers in arbitration proceedings. This principle must be applied by the arbitrator or the arbitral tribunal regardless of how the parties approach the matter. It also needs to be noted that, provisions of the CoCP other than the ones regarding arbitration are not applicable in arbitration proceedings, unless otherwise stated by the Statute (art. 444).
Sayfa 194Kitabı okudu
According to harm principle in John Stuart Mill’s On Liberty, harm principle is described that a behaviour should not be criminal unless the behaviour causes harm to another person.
Sayfa 115Kitabı okudu
Doña Gracia Nasi Mendes was one of the most powerful Jews in the sixteenth century. Born into a Roman Catholic family that had been forcibly converted from Judaism in Portugal, she then “returned” to Judaism, using her business acumen and wealth to support other Jews (and especially other former conversos) to excape the scrutiny of the Inquisition in Antwerp, Venice, and Ferrara, Italy. Eventually, she made her way to the Ottoman Empire, where she joined forces with her nephew and son-in-law, Don Joseph Nasi, to continue her business and charitable activities.
Sayfa 176
