Minorities and Nationalism in Turkish Law
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.
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1982 Constitution administrative Alevis Alexandris 1983 Anatolia Ankara Armenian aşiret assimilation Atatürk AYM’s view Ceza citizenship civic civil claims communities concept considered courts defunct deputies discourse discrimination diversity Diyarbakır Efendi Empire’s established ethnic foreign further Greek Hakkında Kanun human rights Ibid identity ideology immigration Islamic İstanbul İTC judgment judiciary jurisprudence Kanunu Karpat Kurdish Kurds Kurulu Lausanne Treaty legislation linguistic millet minority languages minority protection minority rights MMZC Muslim names nation-state national culture non-Muslim minorities official language Ottoman Empire Partisi penalized pluralism political population prohibited provision racial racism reference religion religious Settlement Law social state’s status surname Tanzimat TBMM TBMMZC territory Türk soylu Turkey Turkey’s Turkification Turkish alphabet Turkish citizens Turkish culture Turkish ethnie Turkish language Turkish legal system Turkish nation Turkish race Turkish state’s Türkiye Turks unity vakıfs word Turk Yargıtay Yargıtay’s Yayınları