SOCIAL BALANCE 1
CONTENTS
FOREWORD ……………………………………..……………………. .17
SOCIAL BALANCE -I HISTORICAL COURSE OF STATE STRUCTURE
INTRODUCTION………………………………………………………………………..21-34
I- CONSTITUTIONAL SCIENCE - CONSTITUTIONAL LAW............ …………...21
II- SCOPE OF THE CONSTITUTION............ …………..…………………….22
lll-IDEOLOGY - SOCIAL SCIENCE RELATIONSHIP……………………………24
iv- SOCIAL CHANGE: REVOLUTION AND REVOLUTION………….27
V-METHOD: HISTORICAL INTERPRETATION AND EXTRAPOLATION……28
VI-SCOPE OF THE STUDY………………………………………..29
FOOTNOTES ........................ ………………………………….32
HISTORICAL COURSE OF STATE STRUCTURE……………………35 – 232
I - IN GENERAL…………………………………………….37-43
A - SOCIAL ORDER AND SOCIAL INSTITUTIONS…………37
B – PSYCHOLOGICAL AND SOCIOLOGICAL FOUNDATIONS………….38
C- METHOD………………………………………………………….40FOOTNOTES.-.. ………………………………………………… …..42
II - POLITICAL STAGES:
HISTORY - PRESENT - EXTRAPOLATION ..45 -102
A-GENELOLARAK…………………………………………….45
B – HISTORY………………………………………..…………….46
1-Generally………………………………………………46
2-Before history- Pre-State Period-
Social Discipline………………………..………………………..47
a-Generally………………………………..….……………...47
b-Familiya - Tribe Stages………………………………..47
c-Tribe - Site Stages……………………………………….48
3)Post-History - State Period -
Social Contract........................ ………….…………….48
a-Generally………………………..……………………………….48
b-Siteler Düzeni - Mezopotamya......... …………………50
c-Kingdom Order – Egypt………….……………………………..50
d-Legislative Order - Palestine.................. …........................51
e-Majority Order - Ancient Greece………………..………..51
f-Religious Order - Christianity............ …..……………..52
g-Imperial Order -
Eastern Roman / Byzantine Empire……………………….52
h)-The Order of Ijtihad - Islam............................. …………….53
i)-Bureaucratic Order - West............. ……..... ……………..55
C - PROBLEMS – CAUSES AND CONFLICTS…….56
1-Generally......................... ……….…………….56
2-Political Problems............................................ ……………. 57
a-Scope Problem................................. ………………….57
b-The Problem of Political Imbalance.............. …... ……………….58
c-The Problem of Social Imbalance……………………………….58
d-The Problem of the Form of Wars......................... ……………….59
e-Arms Race Problem –
Saldırma İçin Silahlanma ………………………………….60
f- Problem of Lack of Competent Authority …………60
g-The Problem of Separation between Citizens and Civil Servants....………………61
h)Regulatory Problem. ……..………61
i) The Problem of Legislation Lagging Behind Life….62
j) Internal Security - The Problem of Anarchy......................... …………62
k) Economic Security - Mafia Problem………………………63
l) Bribery Problem…………………………………………………….63
m) Investigation - Problem of Torture............................. ……… 64
n) Judicial Issue………………………………………………………..64
o) Problem of Delay of Justice......................... …….65
3)Reasons........................ ……………………………….. 65
a)Generally………………………………………… ……….65
b)The Reason for Political Imbalance......................... …………66
c)The Cause of Social Imbalance……………………………….66
d) Form and Reason of Wars............................................. 67
e)The Reason for the Arms Race............................. ………. 67
f) Reason for Not Being Authorized………………………68
g) Reason for Distrust in the State............................. …… .69
h) Reason for the Legislative Problem...................... ………….69
i) Mevzuatın Hayatın Gerisinde Kalma Nedeni………70
j) Cause of Anarchy................................................. 70
k) The Reason for the Mafia......................... ........ ……………..71
l) Reason for Bribery............................................. …… …….72
m) Reason for Torture............................................. …………72
n) Reason for Judicial Problem................................. ………. 73
o) Reason for Delay in Justice.............................. ………73
4)Conflicts.......... .............. ………………………………….74
a-Generally ................................................. ..... …….74
b-Political Science Conflict................................. …………...74
c-Politics Religion Conflict............................................. ... …….75
d-Politics-Economy Conflict………………………………………75
e-Politics Political Conflict.................................. ……. 76
5)Evaluation........................ ...... ……………………………76
D - DEPARTURE - EXTRAPOLATION .............. ………………..77
1-Generally........................................................ ……… …….. 77
2-Balance of Powers - Social Balance..... .... ……………..79
3-Decentralization-Central Administration Balance.......80
4-Consensus - Consensus - Ijma............. ……………….82
5-Social Grouping System......................... ……………….83
a-Generally............................................. … ……………..83
b-Political Parties - Political Solidarity Partnerships............83
6-Public Services -Free Licensed Servants System ..85
7-Hukukun Üstünlüğü ve İtham Sistemi.. ……………… 86
8-Presidential System - Powers of the President…………………….86
9)Citizenship - Separation System and Exile …………….87
FOOTNOTES........................ .............. … …………….88
III- ECONOMIC STAGES:
HISTORY-PRESENT-EXTRAPOLATION …………103-155
A - IN GENERAL............................................. ………. 103
B - HISTORY................................................. …………. 106
1-Generally................................................. ……… 106
2-Closed Economy Period......................... ……… 106
a-Generally................................................. ……… 106
b-Foraging Stage................................. ……… 107
c-Hunting Phase............................................. ……… 108
d-Shepherding Stage............................................. ………. 110
e-Farming Phase ............................................ ……… 111
3)-Market Economy Period............................. ……… 114
a-Generally................................................. ……… 114
b-Market Exchange Phase......................... ……… 114
c-Intermediary (Merchant) Exchange Stage........ ……… 116
d-Labor Exchange - Labor Phase....... ……… 117
C - PROBLEMS-REASONS-CONFLICTS………. 122
1) In General............................................. … …… 122
2)-Problems and Reasons........................ ………………………123
a)Imbalance.......……………………………………………….123
b) Hunger……………………………………………………………..123
c) Unemployment………………………............................................. .... 124
d)Waste……………………………………………… ............ 124
e) Show-off……………….............................................. .......... 125
f)Free Competition - Monopolization............................. 125
g) Inflation……………………………………… .......... 125
h)Low Efficiency…… 126
i)Free Capacity……………………………….… 126
j) Classification............................................ ........................ 127
k) Abuse - Exploitation............................................ ..... 127
ka) In General................................................. .......... 127
kb) Labor abuse................................................. ...... 127
kc) Market abuse................................................. ..... 128
kd) Tax Burden ............................................ ............... 128
kc) Social Security - Insurance Burden........................ 128
I) Evaluation........................ ………………………..128
3)Conflicts............................................. …………………….130
a-Generally…................................................. ........... 130
b-Economy Politics Conflict........................ …....... 131
c-Economy Science Conflict............................................. ........ 131
d-Economy Religion Conflict............................................. .132
e) Economics Economics Conflict......................... …………133
f) Evaluation........................................................ ......... 134
D - DEPARTURE - EXTRAPOLATION........... ………………..134
1-Generally…................................................. ........... 134
2-Partnership Stage................................................. ..... 138
a-Generally…… 138
b-Existing Counts……............................................. …… …..138
Ba) Assuming there is parallel of interest.............................. 138
bb) Assumption of Equality of Opportunity and Opportunity……….......138
bc)Blessing Burden Threshold Count……………………139
bd) Freedom at the Micro Level and Macro Level
State Intervention Assumptions ……………………….139
c) Economic Institutions………………………………………….140
ca)Government Intervention – Planning……………………….140
cb) Criteria for Distinction between Public Sector and Private Sector….140
cc)Security Market - Stock Exchange............. …………………………141
cd)economic Factors and Distribution........ …………………..142
d-Remedies to Resolve Conflict………………………………..145
e-Değerlendirme…………………………………………………146
FOOTNOTES……………………………………………………………147
IV - RELIGIOUS STAGES:
HISTORY-PRESENT-EXTRAPOLATION …………..157 -186
A - IN GENERAL....... …………………………………………….157
1-Concept......................... .............. .... ……………………..157
2-The Quality of Religion........................ ………………………………………..159
3-Relationship between Prophets and Scientists……………………160
4-B-HISTORY........................ ……………………………………….162
5-Generally............................................. …………………… ……..162
6-Ruler - Period of Closed Religions……………………………….162
7-Directive - Era of Open Religions....... ……………………….163
a-Generally............................................. ……… …………….163
b-Separation of Science........................ ……………………………………….164
c-Separation of Legal Order........................ …………………………165
d-Separation of Economic Structure......................... ………………………166
e-Separation of Religion and Morality.............................. ……………………….166
4) The Final Arrangement Between Religion and Order………………...167
a-Islam ........................................ ………………………….167
b-Lâiklik ............................................... …………………………...169
C - PROBLEMS-CAUSES-CONFLICTS………………………170
1-Generally........................................................ ……… ………………….170
2-Problems and Causes........................ ………………………………170
3-Conflicts............................................. … …………………………172
a-Generally............. .......... …………………………………………..172
b-Conflict between Religion and Science……………………………………………………….172
c-Conflict of Religion with Other Religions........ ... …………………………… 172
d-Religion-Economy Conflict………………………………………………. 173
e-Religion Politics Conflict……………………………………………… 173
D - GİDİŞ VE EKSTRAPOLASYON………………………………….. 174
1-Generally………………………………………………………….. 174
2-The Place of Religion in Social Balance………………………………. 175
a-Generally……………………………………………………………… 175
b-The Function of Religion in Society………………………………. 176
c-Some other suggestions………………………………………………………. 178
FOOTNOTES………………………………………………………………………180
V - SCIENTIFIC STAGES:
HISTORY-PRESENT-EXTRAPOLATION …………………..187 - 232
A - IN GENERAL………………………………………………………..187
1-Concept………………………………………………………………………187
2-Relationship between Science and Religion………………………………………………………………..188
3-Man of Science…………………………………………………………………..190
B - HISTORY……………………………………………………………………191
1-Generally………………………………………………………………..191
2-Custom (Imitation) Stage…………………………………………….192
3-Lecture Stage……………………………………….193
4-Discussion Phase……………………………………………………….194
5-Trial phase………………………………………………………..195
C-PROBLEMS-REASONS-CONFLICTS……………………………197
1)Problems………………………………………………………………………197
a-Generally………………………………………………………………..197
b-Dispersion of Science……………………………………………………………198
c- Disconnection of Sciences from Each Other………………………………………198
d- Confidentiality and Closeness in Science……………………………………………….199
Self-interest in e-Science………………………………………………………………..199
f-Lack of alternatives………………………………………………………………...200
2)Reasons……………………………………………………………………….200
a-Aging………………………………………………………………………200
b-The Reason for Disorganization in Science………………………………………………201
c-The Reason for Disconnection in Science………………………………………………201
d) Reason for Closeness in Science………………………………………………202
e) Reason for Scientific Expediency…………………………………………….203
f) Reason for Lack of Alternatives.. ............. …………………………..203
3) Çatışmalar.................... …………………………………………..204
a-Science Religion Conflict........................ …………………………..204
b-Science-Life Conflict............. …………………………..204
c-Science-Order Conflict............ ... …………………………..205
D - VEHICLE PROBLEM IN THE PROVINCE:
LANGUAGE AND MATHEMATICS............ ……………………………………….206
a-Generally........................ …………………………… 206
b-Language and Mathematics Sciences…………………………………………….209
ba)Language……………………………………………………………………………….209
bb)Mathematics................................. ……………………………. 210
E - DEPARTURE AND EXTRAPOLATION ……………………………………212
1-Generally................................. ………………………………. .212
2-Systematic Period........................ ……………………………..213
a-Generally........................ …………………………… ..213
b-İlmin Genelliği ve Uzmanlaşma..... ……………………………..214
c-Organization of Science -Scientific Social Groups ………………215
ca)Generally......................... ………………………………215
cb)Measurement of Knowledge-The Concept of Competency……………………………..216
cba)Concept………………………………………………………………………216
cbb) Driving License Guarantee and Schooling... ……………………………….217
cbc) Degrees of Driving License........................ ……………………………….218
CBD) Autonomy........................ …………………………… …...219
d) The Relationship of Science with Other Social Institutions………………………………220) The Function of Science within the State……………………………………..220
db)Science-Economy Relationship........................ …………………………………220
dc) Relationship between Science and Religion........................ …………………………………221
e)Other Suggestions.............. ……………………………………………….221
ea)Exam System......................... …………………………………221
eb)Common Opinions-Consensus-Consensus……………………………….222
ec)Texts…………………………………………………………………………222
ed)Dissemination of Science............. …………………………………223
FOOTNOTES.................................... ……………………………… ……224
EVALUATION AND CONCLUSION………………………………………………. 233 -244
I - EVALUATION …………………………………………………….......235-239
A- IN GENERAL........................ …………………………………………….. 235
B- EVALUATION OF POLITICAL DEVELOPMENTS……………………………..235
C- EVALUATION OF ECONOMIC DEVELOPMENTS………………………237
D- EVALUATION OF RELIGIOUS DEVELOPMENTS……………………………..238
E- EVALUATION OF SCIENTIFIC DEVELOPMENTS …………………………… 238
F- GENERAL EVALUATION............. ……………………………….. 239
II- CONCLUSION................................................. .………………………………241 - 244
FIGURES............................................ ………………………… ………….. 245 248
CHRONOLOGY................................................. ........................................ ……249 -260
REFERENCES......................... ……………....... ………………………………261 -270
INDEX………………………………………….………………………………………271 -279
PREFACE
Our reproduced work, titled "A Constitution Study for Social Balance", was reconsidered, taking into account the criticisms, and turned into four books under the name "Social Balance". This first book you have is called "Social Balance I (Historical Course of State Structure)". This book focuses on the historical development, current situation and future of the social balance we assume in society, and explains the basic social institutions of the state and the social changes and developments that have occurred since the first human being.
Our second book is called "Social Balance II (Theoretical Foundations of the State), the third is called Social Balance III (Elements of the State: Person, Fundamental Rights and Freedoms - Society and Decisions Belonging to the Society)", and the fourth is "Social Balance IV (Constitution)". We hope that these three books, which are still in progress, will be completed in 1990 and 1991.
This series, called social balance, is discussed from the perspective of constitutional science. In this newly disciplined field as a science, the focus is on the issues that are or should be included in the constitutions rather than the interpretation of the current constitutions, and in particular, how constitutions are formed and should be is explained.
Thank you for your valuable criticism and contributions. Eng. I am grateful to Süleyman Karagülle, Assoc. Dr. Arif Ersoy, Assoc. Dr. Sabri Tekir, Assoc. Dr. Şükrü Karatepe, Assoc. Dr. Bilâl Eryılmaz, Res. See. Ali Sayı, Assoc. Dr. Mehmet Tekelioğlu, Asst. Assoc. Dr. Zerrin Toprak, Res. See. Hüseyin Özgür, Res. See. Mustafa Lütfı Şen, Reşat Erol, Kazım Erten, Hilmi Altın, Av. Lütfiye Özdemir, Harun Özdemir, Mehmet Afacan and Yuk who drew the shapes with tables. Eng. I remember Hüseyin Kayahan and Architect Şemsettin Güneri with gratitude here. It would be fair to thank the valuable members of Beyan Publications for the preparation of the book for printing and Ismet Uçma, the owner of Signal Publications, which published the book.
Dr. Suleyman Akdemir
March, 25.1990-izmir
ENTRANCE
I - CONSTITUTIONAL SCIENCE - CONSTITUTIONAL LAW
The concept of social contract used by sociologists refers to laws and especially the constitution in legal terminology. When the social contract is mentioned, the theoretical foundations of the social order are understood, while when the constitution is mentioned, the legal order comes to mind. In other words, while the theoretical foundations of the elements that make up society are understood with one, the arrangement of the organs of the state, the relations between the organs, personal rights and freedoms and the legal rules in force are meant with the other. Among political scientists, the first approach is called "constitutional science" and the other is called "constitutional law". (1) Thus, a bridge is established between sociology and law, and the views of sociologists in the field of society gain practical value and enter the field of constitution, which affects social life the most. Depending on this development, while "constitutional science" reveals the thoughts and factors that gave rise to the constitution, "constitutional law" examines how to interpret and implement the constitution that has been made and is in force.
This book is a work of "constitutional science." The reasons that push us to work in this field can be summarized as follows:
In our country, after a revolution or coup on average every ten years, either a new constitution is prepared or existing constitutions are substantially changed. While doing this, it is claimed that the source of the political crisis is the constitution, the blame is placed on the old constitution, and the new text is viewed as a savior. However, immediately after the adoption of the constitution, discussions about the incorrectness and inadequacy of the regulation began. In our opinion, the most important reason for these discussions is that the constitutions are not the consensus text that different segments of the society agree on. As such, it does not get the chance to become a regime because it is not adopted by the masses. (2) Even if a constitution is the best text of today and the future, if it does not determine the conditions of the social institutions that make up that society, if it is not understood, adopted and protected by the people living in the society, it will not be able to ensure social balance by simply being written and put into effect. This deficiency and disconnection between laws and especially constitutions in social life causes constitutional debates to be kept alive in our country and new constitution preparations to be brought to the agenda. Although the problem is important enough to encourage revolutions and coups, it cannot be said that "constitutional science" studies are sufficient in this field. Unless scientists clearly put forward the methods that will solve the problem of making and preparing the constitution, constitutions will continue to be made by hand at the end of the coups and these constitutions will continue to be discussed.
II- SCOPE OF THE CONSTITUTION
There are factors that determine and affect a social contract - constitution. Developments in human history, recent history, defining characteristics of the current era, human rights, citizen rights, characteristics of the society we live in, cultural and natural environment, assumptions about what should be and the future, comparative theory and legal systems, ideologies, the age we live in and civilization. , the effects this age and civilization inherited from the past, its current position and its course can be counted among these (3). Generally, when it comes to constitution, recent history and comparative law limited to the constitution are taken as basis and other factors are not emphasized enough. Constitutions are reactions because they bear the effects of recent history; The reaction gives rise to the opposite reaction and a vicious circle is entered.
As a rule, in a constitutional text: 1- An organizational section showing the establishment and functioning of state organs; 2- a section on functions showing state functions and their distribution, 3- a section on fundamental rights and duties; 4- initial part; and 5- rules of a special nature (related to the capital, flag, national anthem, state language, state coat of arms). The first three of these are present in all constitutions, in long or short form. But the same cannot be said for the other two (4). In our opinion, the person should also be included in this content. Although it can be argued that the person has fundamental rights and freedoms, the person and the person's actions are different things. Current constitutions are prepared with understandings that consider society only as a state, and do not define and adequately reveal the person as one of the elements that constitute the society or the state. Even fundamental rights and freedoms are accepted as a gift, donation and favor of the state, and the existence of the person is not even mentioned. There are two reasons for this: The first is that the writing of constitutions in a single text is very new and the individual is generally regulated in civil laws before constitutions, and the second is the totalitarian understanding that is against the individual and in favor of the state. According to these understandings, people exist for the state in social life and generally have to submit to authority.
There may be other issues that need to be included in the social contract. These may arise due to circumstances. For example, a ban on alcohol and drug use may be included in the constitution. He also took it (5). However, although the regulation on this issue is correct, it is not sufficient and misleading to think that the solution can only be found through political or legal sanctions. It may have the opposite result and cause it to become increasingly widespread. It has happened. Such struggles can be more effective if left to the methods and evaluation of religious and moral institutions. Because religions approach people with love and faith. Treatment of such problems can only be achieved through spiritual treatment. Nowadays, it is thought that such problems will be solved through sanctions due to an excluded religion, but on the contrary, alcohol consumption and drug use are constantly increasing. As a result, not only do people get sick because of these, millions of criminals are also produced.
It can be seen that constitutional science's perspective and evaluation of the event is not just about preparing a text. The constitutional issue must first be put forward by scientists within this framework, the views emerging in these discussions must be sufficiently disseminated, the common points that emerge as a result must be presented to the public, and after they are accepted at all levels, the constitutional text must be created. Otherwise, social problems and crises cannot be overcome and coups cannot be prevented, as comparisons based on several foreign constitutions and regulations that are only a reaction to the events of recent history will lead to structural inadequacy and counter-reaction.
III- IDEOLOGY - SOCIAL SCIENCE RELATIONSHIP
This book is not primarily an ideological approach, but this does not mean that it is free from any ideological influence.
"The scientific analysis of societies is not yet very developed. Compared to the positive sciences, the social sciences are in a backward state. This means that the area where we can reach objective solutions, precise observations and truly scientific explanations is in the area where the facts are known only through "common sense", personal, subjective and uncertain impressions. Therefore, it is extremely difficult to establish the assumptions, models and theories that are essential for the development of scientific research. Most of these assumptions, models and theories are necessarily based on unproven and uncertain elements. "They are much more numerous here than in any other type of assumptions, models and theories."
"In that case, it is difficult to separate scientific assumptions, models and theories from ideology. Here, ideology is understood as a system of explanation that forms the basis for an action taken to protect, change or destroy a certain society. Liberalism, Marxism, all major political and social doctrines are ideologies, ideology and scientific theory are similar to each other because they are both a system that explains society and a product of thought that helps to understand the functioning of society, but they differ from each other in two points: firstly, scientific theory does not contain a value judgment, whereas there is a value system in ideology, secondly, scientific theory is everything. "First of all, it is based on the facts that have been previously observed and proven by science. However, ideology, although it includes these facts in principle, goes beyond them and is mostly based on some subjective impressions, superficial observations and partial interpretations."
" Since the underdevelopment of social sciences does not allow working with a large number of precise and proven observations and it is necessary to resort to a large number of impressions, intuition and common sense data to establish a theory, concepts and theories necessarily take on the character of an ideology. The fact that the observer is an element of the events he observes makes the scientist This confusion is further increased by pushing the social scientist to develop theories and assumptions that are fed by his own ideology, without realizing it. No matter how hard he tries to be honest, objective and impartial, he can never fully achieve this because he is inspired by the dominant ideology. , at least it appears more “objective” because it is widely accepted.”
"Moreover, ideologies are useful for the development of sociology and social sciences, and the assumptions, models and theories suggested by the ideology are very valuable in terms of guiding the research and providing a framework for it. Undoubtedly, some more objective assumptions, models and theories can guide the research and provide a framework for it. Of course, it would be better if we had some more objective assumptions, models and theories, but working with some subjective and "dedicated" theories, models and assumptions is the lesser evil, rather than remaining without any assumptions, theories and models. "Liberalism strongly supported the birth of sociology at the beginning of the 19th and 20th centuries and its development in the USA for fifty years. Later, Marxism directed sociological research to new paths and gave great impetus."
"Instead of striving to achieve an objectivity and impartiality that cannot be achieved at the contemporary level of development of social sciences, the social scientist should be aware that it is impossible to transcend ideologies and at least limit the drawbacks that this impossibility will create. In order to achieve this, the social scientist must first become aware of his own ideology and confess it." Secondly, when developing assumptions and theories, the social scientist must take into account not only his own ideology but also other ideologies. Finally, when presenting his theories and assumptions, the social scientist must take into account the transfers he has made from this or that ideology, as well as scientifically proven elements. "It should be stated as clearly as possible. It is not always easy to comply with these requirements."
These writings belong to M.Duverger without comment (6). We deemed it appropriate to give it verbatim as it points out how social sciences cannot develop under ideological prohibitions in Turkey.
Scientific thought starts from assumptions. Ideology is necessary in determining these assumptions. However, when making comparisons, scientific methods should be considered primary. Two basic views were effective in determining the assumptions. One of them is "the view that prioritizes right and finds the source of power in right", and the other is "the view that prioritizes power and finds the source of right in power". The first group reflects the perspective of Eastern civilizations, and the second group reflects the perspective of Western civilizations. In this study, a theory has been tried to be developed based on the assumption that "the right is superior and the right is strong". Acceptance of this assumption does not mean a complete rejection of Western civilizations and the worldviews that dominate the power. Because, without comparing opinions, their true values cannot be understood. For this reason, different views need to be compared, and it is better understood through these comparisons whether the assumptions are chosen correctly or not.
Although the dominant Western civilization today claims to be committed to law, the rule of law and the principles of the rule of law, this claim does not mean that power is not dominated. Because the law is determined by the dominant powers and therefore the law is created to enable the powerful. In the West, the state serves the interests of powerful classes in almost every period, and the law is produced to guarantee the rights of these classes. A typical example of this is the United Nations Organization, which was created by sovereign and super powers. This organization, which is said to have been established to protect the interests of all nations, makes power dominant by granting veto power to powerful states.
On the other hand, in order to ensure the continuation of the sovereignty of the powerful, countries are brought into conflict by the superpowers, while the powers of the parties are destroyed through war, the sovereignty of the powerful is perpetuated through the sale of weapons. As a result of this understanding, law is balanced according to the superiority of power, not the superiority of right. Social institutions and rules are designed to justify the powerful and serve their interests. The rules made by authorized bodies formed according to the wishes of the sovereign powers are called laws, and in accordance with the principle of the rule of law, these laws are required to be followed. The dominance of the powerful is reinforced by taking privileges and the majority system as a basis in determining the right. In such a relationship system, Prof. We agree with T. Ateş's statement, "Democracy can be established and survive in underdeveloped countries. However, the condition for this should not be to adopt the Western value system, but to preserve its own value system (establish it according to ours) (7) and we accept that a new value system must be created.
IV- SOCIAL CHANGE: REVOLUTION AND REVOLUTION
Western thought has not easily found and implemented power assumptions. The foundations of this world view, based on ancient Egypt, Rome and Greece, were laid with the Renaissance and reform, and began to be systematized and implemented in the 18th and 19th centuries. Social developments and changes in the West were pioneered by thinkers and writers such as Descartes, Montesquieu, Rousseau, Comte, Marx, Durkheim and Pareto, and Weber (8). Under the influence of these thinkers, revolutions and wars were made in Europe and rights were gained through these means. In the West, change occurred based on power, and revolutions and wars came to the fore as the method of domination of power.
Social change occurs either by destroying the old or by correcting it. The first is called revolution or revolution, and the second is called revolution or reform. In the revolution, change takes place first in minds and then in social life, according to the requirements of social laws. We are based on the second assumption and assume that social changes must occur through revolution, according to the requirements of social laws. Essentially, these two assumptions can be used in both worldviews that prioritize both right and power. However, in general and ultimately, whichever assumption is dominant is the approach that gives its name to the period or civilization. We can say that the characteristics that determine social changes in the dominant Western civilization today are revolutions and wars (9).
V- METHOD: HISTORICAL INTERPRETATION AND EXTRAPOLATION
In this first book of our study, which we intend to complete in four books, basic social institutions, their historical developments are examined in terms of their current situation, and their course, in other words their future, is predicted by the extrapolation method.
"Extrapolation", which is to make predictions about the unknown values of any time series based on its known values, is a method used in mathematics and especially in statistics. If the period to be predicted in the time series is among the values in the series, there is 'interpolation'; on the other hand, if the value or period to be predicted is outside the values in the series, there is 'extrapolation' (10). In this study, the changes in social institutions in the historical course were determined as time points and predictions were made after determining the current point.
For this reason, extrapolation was accepted as the basic method in our study. In fact, although this method is widely used, especially by social scientists, it has not been named. For example, Marx's and Comte's predictions about the future are extrapolations. We consider this method as used in social sciences, statistics and mathematics, and accept it as a basic method.
Errors or deviations in predictions may occur not because the method is wrong, but because old points are determined incorrectly or the practitioner pushes the targets set from the beginning. The mistake of A. Comte and K. Marx is that the social sciences of their time were not so developed and they chose their targets from the beginning. However, it is also a fact that these thinkers were able to predict many truths, as well as making mistakes.
VI- SCOPE OF THE STUDY
The first main social unit that should be included in a constitution that has the nature of a social contract is the state-society. In general, there is no significant disagreement among authors regarding the definition and elements of the state. State is the establishment of sovereignty by a nation over the country through property. Nation constitutes the human element, country constitutes the land element, and sovereignty constitutes the power element.
However, other social institutions that make up society are subject to intense debate and there is no common opinion on this issue. It is difficult to say that there is harmony and cooperation between the way the legislature, the executive and the judiciary, which are determined by jurists and named as state organs, are formed and their functions. The reason for this is that the social institutions that make up the society are determined without taking into account the data of sociology. Therefore, our study is focused on sociology, and the elements of the social contract will be discussed by giving priority to the elements determined by sociology, instead of classical constitutional texts, and a relationship will be established between sociology and constitutional science.
Toplumu oluşturan sosyal kurumlar, tarihin her döneminde, ilk topluluklar dahil, basit de olsa vardır ve halen şu veya bu şekilde etkilerini devam ettirmektedir. Bu kurumlar, "din', "ilim", "iktisat", "siyaset"tir. Dinin tarihteki diğer kurumları kapsaması zamanla terk edilmiş ve her bir sosyal kurum kendi işlevlerini kendi kriterleri ile yürütebilir hale gelmiştir. Hatta dinin sosyal hayattan itilerek vicdanlara ait olması düşüncesi dahi ileri sürülebilmiş ve bu düşünce özellikle sosyalist ülkelerde belli ölçüde de uygulama imkânı bulabilmiştir. Günümüzde, kapitalist ülkelerde iktisat, sosyalist ülkelerde ise siyaset topluma egemendir ve topluma ait nihai ve bağlayıcı kararlar bunlar tarafından belirlenmektedir. Dinlerin ve din adamlarının topluma egemenlikleri, çok az istisnalar dışında, etkisini kaybetmiştir.
There is no hesitation when it comes to the constitutional issue of politics and administration in a narrow sense, among the institutions discussed here. However, the problem here arises as to whether politics covers the whole of society. Politics and administration, as institutions, are a part of society, not the whole. Although economic institutions are as old as human history, their involvement in the social contract is new. Prof. In the words of V.Savaş, "constitutional economy" (11) is an element of the social contract; but not the whole. Although religion has been an institution that has directed and dominated society since the early periods, its place in today's constitutions is mostly for the purpose of keeping it under control.
Religion, whether in the form of atheism, monotheism, polytheism, animism or positivism, which A.Comte presented as religion, is a social institution and an element of the social contract; but it is a part, not the whole. We can say that the institution of science is also an element of the social contract. In fact, this institution, which should be dominant with the solutions it brings to social life today, is almost unable to even take part in the social contract. Historical developments have brought scientific institutions to the fore today due to their functions. In our opinion, science is also an element and part of the social contract; but it is not the whole.
The social institutions discussed in this book should be considered as a system approach since they are built with the aim of forming a whole from parts. Here, an attempt has been made to reach a whole by determining and examining the elements of the social contract using historical methods. The theoretical foundations of the person, society and social institutions that make up the system will be presented in the second book as a separate study subject.
Some difficulties were encountered in our study. These difficulties also apply to the reader. For example, the reader may get the impression that some issues are not given enough importance or are only mentioned at a tangent. In a system approach, the assumptions and elements of that system are determined; cannot go into detail. When we look at the subject from this perspective, the reader may even say that we have gone into detail on some issues. The study attempted to establish a balance between these two difficulties. If there are details or shortcomings - and there are - they can be corrected later with criticism and contributions.
Although difficult, work on this type of system approach should be accelerated. The more thought is given to these studies, the easier it is to reach solutions. However, instead of the ideal and abstract system approach, approaches that are simple, concrete and enable pilot applications are more beneficial to humanity because they are more effective and have practical value. For this reason, it seems very difficult to solve the social contract problem unless we move to a thought environment where pilot applications of all kinds of ideas can be carried out. Today, systems that belong to humanity are implemented at large and macro levels, and failure is blamed on humanity. However, in pilot regions where people will participate with their free will, any system can be easily implemented and its scope can be expanded if successful. The adoption of such a method radically solves the problem of ideologies that humanity faces today; It leads to the establishment of a regime of rights and freedoms instead of oppression.
TO CONTINUE