Minorities and Nationalism in Turkish Law

Author: Derya Bayir
Publisher: Routledge
ISBN: 1317095804
Format: PDF
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Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.

A quest for equality

Author: Minority Rights Group International
Publisher:
ISBN:
Format: PDF, ePub
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Though Turkey is a land of vast ethnic, linguistic and religious diversity - home not only to Turks, Kurds and Armenians, but also, among others, Alevis, Ezidis, Assyrians, Laz, Caferis, Roma, Rum, Caucasians and Jews, the history of the state is one of severe repression of minorities in the name of nationalism. This report sets current law and practice in Turkey against the backdrop of equivalent international standards on linguistic rights of minorities; freedom of religion, thought and conscience; freedom of expression; freedom of assembly and association; political participation; property rights and anti-discrimination.

Ottoman and Turkish Law

Author: Fatih Öztürk
Publisher: iUniverse
ISBN: 1491729910
Format: PDF, ePub, Docs
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For the last two centuries, Turkish residents have been dreaming of the realization of the rule of law. Through a collection of essays, "Ottoman and Turkish Law" explores this dream and shows that when Turks and their state start to believe law is above all, change will occur. In these essays, author Fatih Ozturk provides unique perspectives on why Turkey, in the aftermath of Ottoman decline, requires a closer examination of its practices under the modern rule of law. Compiled and evaluated while Ozturk was living in Ireland, the articles, written from a constitutional law point of view, revolve around the question of how fundamental rights in a liberal democracy can be protected. Furthering the goal of achieving greater protection of human rights in modern democracies, "Ottoman and Turkish Law" approaches the rule of law from the international perspective. It draws attention to the inability of the Turkish legal system to rid itself of arcane and outdated legal interpretations, practices, and traditions. It provides impetus for Turkey to move toward a more thorough, modern, and socially as well as historically relevant approach.

Democracy Islam and Secularism in Turkey

Author: Ahmet Kuru
Publisher: Columbia University Press
ISBN: 0231530250
Format: PDF, Docs
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While Turkey has grown as a world power, promoting the image of a progressive and stable nation, several policy choices have strained its relationship with the East and the West. Providing social, historical, and religious context for Turkey's singular behavior, the essays in Democracy, Islam, and Secularism in Turkey examine issues relevant to Turkish debates and global concerns, from the state's position on religion and diversity to its involvement in the European Union. Written by experts in a range of disciplines, the chapters explore the Ottoman toleration of diversity during its classical period; the erosion of ethno-religious diversity in modern, pre-democratic times; Kemalism and its role in modernization and nation building; the changing political strategies of the military; and the effect of possible EU membership on domestic reforms. They also conduct a cross-Continental comparison of "multiple secularisms" as well as political parties, considering the Justice and Development Party in Turkey in relation to Christian Democratic parties in Europe. The contributors tackle central research questions, such as what is the legacy of the Ottoman Empire's ethno-religious plurality and how can Turkey's assertive secularism be softened to allow greater space for religious actors. They address the military's "guardian" role in Turkey's secularism, the implications of recent constitutional amendments for democratization, and the consequences and benefits of Islamic activism's presence within a democratic system. No other collection confronts Turkey's contemporary evolution so vividly and thoroughly or offers such expert analysis of its crucial social and political systems.

Democracy and Human Rights in Multicultural Societies

Author: Matthias Koenig
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754670308
Format: PDF, Kindle
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Published in association with UNESCO, this volume examines the political governance of cultural diversity. Interdisciplinary to comparative social sciences, it assesses public-policy responses to ethnic, linguistic and religious diversity, and addresses the conditions, forms, and consequences of democratic and human-rights-based governance of multi-ethnic, multi-lingual and multi-faith societies.

Naming and Nation building in Turkey

Author: Meltem Türköz
Publisher: Springer
ISBN: 1137566566
Format: PDF, Docs
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This book examines how the Turkish Surname Law of 1934 was adopted and reframed in diverse social contexts at a time of top down nationalism. Through historical ethnography, the author explores the genesis of the law, its drafting in parliament, the Turkish Language Reform, and its reception. The project draws from an oral historical narrative, official parliamentary and registry documents, and popular media.

Nation and Family

Author: Narendra Subramanian
Publisher: Stanford University Press
ISBN: 0804790906
Format: PDF
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The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.

Radical Islam in East Africa

Author: Angel Rabasa
Publisher: Rand Corporation
ISBN: 0833046799
Format: PDF, ePub
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American geopolitical interests and the potential threats to those interests are both on the rise in East Africa. The author places the spread of militant Islamism and the development of radical Islamist networks in East Africa in the broader context of the social, economic, and political factors that have shaped the region's security environment.