Minorities and Nationalism in Turkish Law (Hardback) book cover

Minorities and Nationalism in Turkish Law

By Derya Bayir

© 2013 – Routledge

320 pages

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About the Book

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.

Reviews

Bayir’s work presents an enlightening and detailed analysis of the evolution of the Turkish legal system’s posture toward minorities from its foundation in ideals expressed in the Ottoman Empire to the progression of the Turkish Republic.

NETSOL (New Trends in Social and Liberal Sciences), Vol I, Issue 1, 2016, pp 47-54

About the Author

Dr Derya Bayır is a legal consultant specializing in international human rights and minority rights, criminal law, and the Turkish legal system.

About the Series

Cultural Diversity and Law

Cultural Diversity and Law
Around the world, most states are faced with difficult issues arising out of cultural diversity in their territories. Within the legal field, such issues span across matters of private law through to public and constitutional law. At international level too there is now considerable jurisprudence regarding ethnic, religious and cultural diversity. In addition, there are several layers of legal control - from communal and religious regulation to state and international regulation. This multiplicity of norm setting has been variously termed legal pluralism, inter-legality or inter-normativity and provides a fascinating lens for academic analysis that links up to cultural diversity in new and interesting ways. The umbrella of cultural diversity encompasses various population groups throughout the world ranging from national, ethnic, religious or indigenous groupings. This series particularly welcomes work that is of comparative interest, concerning various state jurisdictions as well as different population groups.

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Subject Categories

BISAC Subject Codes/Headings:
POL035010
POLITICAL SCIENCE / Political Freedom & Security / Human Rights