LAW AND/OR SPACE OR WHAT YOU WILL

The "Society-law" dual pattern, from a realistic point of view, requir~-'Sfor testing its validity a "spatial" referent upon which theorization shall prove ilself or not! Yet "space" necds a further referent as "physical component" a gcographical coordination observed in peoples' lives either individually as homes or possesssions or socially as in political slructures or even before that as an economic source of production the "Iand"! Once this referral is not duly done in the physical environment of the peopl ••, there follows a continuous slruggling process of the b••ings cither as individuals or as societies fighting against one another to validatı' their own theorizations without referring to the real physical geographical stances of the issues of concern even trying to implement something impossible that is supposedly faking the lrue physical referent since luckily in space. Thus the best example can be found in the border distinctions of presence or yet another half theorized concept of occupation as observcd in the "architectural" composilional unity of each pallem. 38 • Ankara Ünıversitesi SBF Dergisi. 55-4 Law and/or Space or What You Wilı Human deliberation if we suppose it to confront any such question as "What is society and/or humanity" -regarding ontology -or even before that simply human existence on earth both spiritual1y and even before that again physically requiring another physical standing or environment together with itself that of a physical world of land finding its definitive outer and innermost sphere in the planet Earth --would formuIate -as it didan interdependence finding its roots as early as in Latin saying "Ibı societas ibi ius" (Wherever there is a society there is law!) in the same regards Timacheff is quoting that "Almost every social group has its existence within legal space;that is, it is related in a spccific way to certain complexes of legal rules." (TIMASHEFF,1939:251) Yet for this interdependence to be observed and therefore to be valid we should first ask "Where do we find this society together with its law?" as for example to study primitive tribes which surely form societal typologies of ancient living on the planet we have to discover the geography they liye on and in and why that particular geography in regards its characteristics and furthermore its definitive boundaries again ! Here we have to quote Wigmore stating that "The influence of gcography has opcrated in two ways -immediately, through natural features, and mediately,through race and race traits. The latter form -mediately, through race -has been vita1. All except three of the principal legal system s have originated in particular race stocks and have usually taken on their distinctive traits bdore the race stock had been diluted or the system transplanted." (WIGMORE, 1929: 115) Natural law theories mostly arising from the idealistic nature of human beings supposing at least a minimum degree of ethical-ideal quality of essence in human homo sapiens in thcir theoretical boundaries are quite well aware of the fact that their suppositions need not to have certain observable consistency of fact in the real world of physical stance since they have in mind a nature of theoretical assertion whether proven or not! But if wc are despcrately searching for some reality or that is following another yet major approach to our Ayşea Furtua • Law and/or Space or What You Will .39 deliberative inquiry mostIy labelled as "positivism" or better nominated "realisrn" any such assertion whether theoretical or not would not suffice in our case. Therefore positivism as a major premise ascribes realityonly to those things and relations which have physical standing which may be observed through senses and thus verified. Thus when we consider a society or a societal group we have to discover first where we can find this society -as an exemplar to physical things having mass and volumethe coordinates of geographical area of this social happening as if asking an individual person's address which differs a legal concept of domiclle from ordinary perhaps transitory living place in regards the criteria of continuum whereas one in case of change informs others in order for his social being to be continously acknowledged. In paraııel the physical standing that is the geographical land where one tribe or a society lives is rightly to be acknowledged coordinated thus permanently as it is unless gone through change! Thus "Legal concepts and rules have a geographical significance for they often determine the territorial boundaries of homes, courts, electorates and nation states, as well as the status, e.g., nationality, of persons." (KATZ, 1979: