Prevention of offense
Any type of society and state is unthinkable without law. Law is
characterized by different functions that are separated from each other
and at the same time form one whole system. Law is hierarchical in
nature, it is directed towards the future, and its main and most important
function is to prevent lawlessness.
We know that the law is formed in the form of various established norms,
which are binding on the persons to whom these norms apply. Law tells us
what it should be and not what it is. We must separate it from natural law
in this respect, which liberates us from the principles which are already
obvious and already known to us humans. It tells us what it is, what exists
around us. But the norms of law that operate in the state, for example,
separate morality and law, and set specific norms that our behavior must
conform to. These specific norms are strictly defined and systematized. It
has the power of restraint, thus framing society and individuals in specific
frameworks to control and limit their behaviors. Therefore, we can freely
say that the prevention of law violation is precisely its purpose. For
example, centuries ago, when small social groups, communities, tribal
societies, and then states were formed, people in these societies set the
norms by themselves. What was the purpose of these norms now? Their
purpose was to restrict the freedom of the individual to prevent the
violation of the freedom of others. In general, man is a sinful creature and
he tends to turn it into a dangerous tool in his own hands when he has the
freedom of will. Take anarchy for example. Anarchists support
powerlessness, for them all types of government are a manifestation of
violence because it uses the method of coercion when the norms of law
are violated. Alexander Berkman, one of the leaders of the anarchist
movement, wrote in his book The Alphabet of Anarchism that "every
state, every law, every government is based on coercion and violence,
punishment, or fear of punishment." What to do and what not to do, if you
violate it, you will be punished and, in my opinion, done to prevent crime,
to reduce crime, because as I said, people are prone to crime and if these
binding norms and coercive apparatus work, then we would get complete
chaos and crime. The whole cascade. Let's make a very simple case when
person X knows that taking an apple from the counter is not allowed and
violating this rule will result in damage to him, i.e. he will be punished. It
can also be touched during customs and habits. Or saw that his neighbor
who stole the apple is now in jail, fears the law of this X, and will no longer
take the apple from the counter. Roughly speaking, this is crime
prevention.
The behavior of the individual should not violate the interests of society
and other individuals. In this sense, the law is a means of social control
that serves to carry out the function of protecting the law. People have an
expectation that when they live in a state governed by the rule of law,
Any type of society and state is unthinkable without law. Law is
characterized by different functions that are separated from each other
and at the same time form one whole system. Law is hierarchical in
nature, it is directed towards the future, and its main and most important
function is to prevent lawlessness.
We know that the law is formed in the form of various established norms,
which are binding on the persons to whom these norms apply. Law tells us
what it should be and not what it is. We must separate it from natural law
in this respect, which liberates us from the principles which are already
obvious and already known to us humans. It tells us what it is, what exists
around us. But the norms of law that operate in the state, for example,
separate morality and law, and set specific norms that our behavior must
conform to. These specific norms are strictly defined and systematized. It
has the power of restraint, thus framing society and individuals in specific
frameworks to control and limit their behaviors. Therefore, we can freely
say that the prevention of law violation is precisely its purpose. For
example, centuries ago, when small social groups, communities, tribal
societies, and then states were formed, people in these societies set the
norms by themselves. What was the purpose of these norms now? Their
purpose was to restrict the freedom of the individual to prevent the
violation of the freedom of others. In general, man is a sinful creature and
he tends to turn it into a dangerous tool in his own hands when he has the
freedom of will. Take anarchy for example. Anarchists support
powerlessness, for them all types of government are a manifestation of
violence because it uses the method of coercion when the norms of law
are violated. Alexander Berkman, one of the leaders of the anarchist
movement, wrote in his book The Alphabet of Anarchism that "every
state, every law, every government is based on coercion and violence,
punishment, or fear of punishment." What to do and what not to do, if you
violate it, you will be punished and, in my opinion, done to prevent crime,
to reduce crime, because as I said, people are prone to crime and if these
binding norms and coercive apparatus work, then we would get complete
chaos and crime. The whole cascade. Let's make a very simple case when
person X knows that taking an apple from the counter is not allowed and
violating this rule will result in damage to him, i.e. he will be punished. It
can also be touched during customs and habits. Or saw that his neighbor
who stole the apple is now in jail, fears the law of this X, and will no longer
take the apple from the counter. Roughly speaking, this is crime
prevention.
The behavior of the individual should not violate the interests of society
and other individuals. In this sense, the law is a means of social control
that serves to carry out the function of protecting the law. People have an
expectation that when they live in a state governed by the rule of law,
