Minorities and Nationalism in Turkish Law

Derya Bayir (Autor)

Buch | Softcover

320 Seiten

2016
Routledge (Verlag)
978-1-138-27884-4 (ISBN)

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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.

Dr Derya Bayır holds a PhD from Queen Mary, University of London. Her doctoral research, which was awarded the Doctoral Thesis Prize by the Contemporary Turkish Studies Chair at the London School of Economics, offers a critical examination of the intersection between legal frameworks and ethnic nationalism in Turkey. She has held the prestigious Leverhulme Research Fellowship to investigate secular law and religious diversity in Turkey. Dr Bayır has extensive experience litigating before the European Court of Human Rights, including the landmark case of Güveç v. Turkey. Currently, Dr Bayır is an MSCA European Postdoctoral Fellow at the Saxo Institute, University of Copenhagen, where her research focuses on minority petitions to the League of Nations, expanding her expertise into historical international legal systems and their impact on minority rights. Dr Bayır’s research interests encompass international legal history, human and minority rights, ethnoreligious diversity in legal systems, nationalism, Ottoman pluralism, Kurdish studies, federal and autonomous legal systems, and linguistic rights. Her work contributes to broader discussions on the role of law in shaping identity and governance in diverse societies.

List of Abbreviations, Acknowledgements, Introduction, 1 The Ottoman Empire and Minorities, 2 Transition to the Turkish Nation-State, 3 Management of Diversity in the Turkish Nation-State, 1923–60, 4 The Myth of the Civic State and Turkish Ethnie in Law, 5 Nation and Minority in the Jurisprudence of the Turkish Constitutional Court, 6 ‘The right to equal concern and respect’: Equality, Anti-Discrimination and Anti-Racism Laws in Turkey, Conclusion, List of Cases and Laws, Bibliography, Index

Erscheinungsdatum	15.02.2017
Reihe/Serie	Cultural Diversity and Law
Verlagsort	London
Sprache	englisch
Maße	156 x 234 mm
Gewicht	453 g
Themenwelt	Geisteswissenschaften ► Philosophie
	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► Arbeits- / Sozialrecht ► Sozialrecht
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
	Sozialwissenschaften ► Politik / Verwaltung
	Sozialwissenschaften ► Soziologie ► Spezielle Soziologien
ISBN-10	1-138-27884-X / 113827884X
ISBN-13	978-1-138-27884-4 / 9781138278844
Zustand	Neuware