free law journal - volume 3, number 1 (18 january 2007)

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)immediate data of jural experience 14 and social groups are specificnormative facts in this manner. After pointing that “There is noobservable society which does not include a multiplicity ofparticular groups” 15 , Gurvitch claims,” Every group in which activesociality predominates and which realizes a positive value ...affirms itself as a ‘normative fact’ engendering its own juralregulation” 16 .“Active sociality” refers to a thought of having something to bedone, a duty to be performed together and “positive value” means asocially recognized “good” that is supposed to be realized in the lifeof the particular group 17 . Different types of the social groups, inaccordance with their special qualities, are capable to produce theirown “frameworks of law” 18 .Closely related with these assessments, Gurvitch contends thatthere is a “spontaneous” level in the life of law as opposed to the“organized” 19 . When speaking of the law which arises from theformer level, Gurvitch uses the term “spontaneous law”, which maybe recognized and described just in the same way as the “organizedlaw” of the state 20 .Pospisil : “The Legal Systems of Subgroups”Basing his views on anthropological studies, Leopold Pospisilargues that any human society “... does not possess a singleconsistent legal system, but as many such systems as there are14 Ibid, p. 53.15 Ibid, p. 232.16 Ibid, pp. 241, 242.17 Ibid, p. 201.18 Ibid, pp. 242-250.19 Ibid, pp. 222, 223.20 Ibid, pp. 226-229.28DR. SAIM ÜYE - ENFORCEMENT OF TRIBE’S LAW OR VIOLATIONOF STATE’S LAW? ON KILLINGS BASED ON CUSTOM