Introduction to Turkish Law


Book Description

Encompassing all the major fields of legal practice, Introduction to Turkish Law provides an essential understanding of the Turkish legal system, so that users can become familiar with law and legal processes in Turkey and pursue further research on specific Turkish legal matters. Twelve chapters, written by Turkish experts in their areas of specialty, focus on particular fields and provide also the Turkish equivalents of English terminology. The book covers the following topics: * sources of Turkish law; * constitutional law; * administrative law; * legal persons and business associations; * family and inheritance matters; * property; * obligations; * criminal law; and * the laws of civil and criminal procedure. The sixth edition reflects the continuing adaptation of Turkish law to international standards - especially in light of Turkey's hopes for membership in the European Union. These aspirations forced the Turkish lawmakers to modify some basic laws intensively or change them entirely. A short updated list of books and articles in English on Turkish law is appended.







Law and Legality in the Ottoman Empire and Republic of Turkey


Book Description

The editors of this volume have gathered leading scholars on the Ottoman Empire and the Republic of Turkey to chronologically examine the sweep and variety of sociolegal projects being carried in the region. These efforts intersect issues of property, gender, legal literacy, the demarcation of village boundaries, the codification of Islamic law, economic liberalism, crime and punishment, and refugee rights across the empire and the Aegean region of the Turkish Republic.




Crime and Punishment in Istanbul


Book Description

This vividly detailed revisionist history exposes the underworld of the largest metropolis of the early modern Mediterranean and through it the entire fabric of a complex, multicultural society. Fariba Zarinebaf maps the history of crime and punishment in Istanbul over more than one hundred years, considering transgressions such as riots, prostitution, theft, and murder and at the same time tracing how the state controlled and punished its unruly population. Taking us through the city's streets, workshops, and houses, she gives voice to ordinary people—the man accused of stealing, the woman accused of prostitution, and the vagabond expelled from the city. She finds that Istanbul in this period remains mischaracterized—in part by the sensational and exotic accounts of European travelers who portrayed it as the embodiment of Ottoman decline, rife with decadence, sin, and disease. Linking the history of crime and punishment to the dramatic political, economic, and social transformations that occurred in the eighteenth century, Zarinebaf finds in fact that Istanbul had much more in common with other emerging modern cities in Europe, and even in America.







Legislating Authority


Book Description

Legislation Authority addresses issues of law, state violence, and state authority within the Ottoman and Turkish context.




Honour Killings and Criminal Justice


Book Description

Despite recent reforms to the Turkish Penal Code, the country retains a high level of honour-based violence. This book analyses the motives behind honour-based violence in Turkey and examines the criminal justice system's approach to this type of crime. The work takes a socio-legal approach to explore the concepts of honour, patriarchy, and hierarchy, along with the roles of culture and tradition. It also examines how the legal system deals with this phenomenon, focusing on the decisions of the criminal courts in honour killing cases and drawing on prisoner interviews. These analyses show the extent to which the State follows a patriarchal approach when dealing with honour killings and inform recommendations for improving the legal and criminal justice system so as to deter crimes of this nature.




Counter-Terrorist Financing Law and Policy


Book Description

Since the 9/11 attacks the world has witnessed the creation of both domestic and international legal instruments designed to disrupt and interdict the financial activities of terrorists. This book analyses the counter-terrorist financing law (CTF), policy and practice at the national level, focusing on Turkey. The work examines the limits and capabilities of CTF efforts on terrorism threats and determines the effectiveness of CTF efforts in Turkey, a country which has a pivotal role in terms of countering terrorism regionally and internationally. The Turkish case-study is supported by an empirical study involving 37 semi-structured interviews with CTF practitioners and law enforcement experts with different affiliations and backgrounds. The findings illustrate that Turkey’s CTF system has not obtained an adequate level of effectiveness as a result of lack of proper implementation of its policy in the bureaucratic, legal and operational spheres. It is evident that the administrative and legal systems in Turkey are established according to the ‘one-size-fits-all’ international CTF standards and thus are compliant with the international CTF benchmarks, yet the interviews reveal significant challenges at the implementation level including lack of training and financial security, heavy handed bureaucracy, inadequate coordination and communication between international and national levels. The book will be an invaluable resource for academics, students and policy-makers working in the areas of financial crime and terrorism.




Criminal Law in Turkey


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Turkey. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Turkey. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.




Heroin, Organized Crime, and the Making of Modern Turkey


Book Description

Heroin, Organized Crime, and the Making of Modern Turkey explores the history of organized crime in Turkey and the roles which gangs and gangsters have played in the making of the Turkish state and Turkish politics. Turkey's underworld, which has been at the heart of several devastating scandals over the last several decades, is strongly tied to the country's long history of opium production and heroin trafficking. As an industry at the center of the Ottoman Empire's long transition into the modern Turkish Republic, as important as the silk road had been in earlier centuries, the modern rise of the opium and heroin trade helped to solidify and complicate long-standing relationships between state officials and criminal syndicates. Such relationships produced not only ongoing patterns of corruption, but helped fuel and enable repeated acts of state violence. Drawing upon new archival sources from the United States and Turkey, including declassified documents from the Prime Minister's Archives of the Republic of Turkey and the Central Intelligence Agency, Heroin, Organized Crime, and the Making of Modern Turkey provides a critical window into how a handful of criminal syndicates played supporting roles in the making of national security politics in the contemporary Turkey. The rise of the "Turkish mafia", from its origins in the late Ottoman period to its role in the "deep state" revealed by the so-called Susurluk and Ergenekon scandals, is a story that mirrors troubling elements in the republic's establishment and emphasizes the transnational and comparative significance of narcotics and gangs in the country's past.