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Vol 21 No 10 Oct/Nov 2016

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Minorities and Nationalism in Turkish Law

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ISBN13: 9781409420071
Published: January 2013
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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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.

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Subjects:
European Jurisdictions
Contents:
Introduction
The Ottoman Empire and minorities
Transition to Turkish nation state
Management of diversity in the nation-state 1923-1960
The myth of the civic state and the Turkish ethnie in lae
nation and minority in the jurisprudence of the Turkish Constitutional Court
'Right to equal concern and respect': equality, anti-discrimination and anti-racism laws in Turkey
Conclusion
Table of cases and laws
Bibliography
Index.