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Book
xvi, 355 pages : 1 map ; 24 cm
  • Preface
  • Introduction
  • Ottoman pirates, Ottoman victims
  • The Kadi of Malta
  • Piracy and treaty law
  • Diplomatic divergence
  • Piracy in Ottoman Islamic jurisprudence
  • Piracy in the courts
  • Conclusion.
The 1570s marked the beginning of an age of pervasive piracy in the Mediterranean that persisted into the eighteenth century. Nowhere was more inviting to pirates than the Ottoman-dominated eastern Mediterranean. In this bustling maritime ecosystem, weak imperial defenses and permissive politics made piracy possible, while robust trade made it profitable. By 1700, the limits of the Ottoman Mediterranean were defined not by Ottoman territorial sovereignty or naval supremacy, but by the reach of imperial law, which had been indelibly shaped by the challenge of piracy. Piracy and Law in the Ottoman Mediterranean is the first book to examine Mediterranean piracy from the Ottoman perspective, focusing on the administrators and diplomats, jurists and victims who had to contend most with maritime violence. Pirates churned up a sea of paper in their wake: letters, petitions, court documents, legal opinions, ambassadorial reports, travel accounts, captivity narratives, and vast numbers of decrees attest to their impact on lives and livelihoods. Joshua M. White plumbs the depths of these uncharted, frequently uncatalogued waters, revealing how piracy shaped both the Ottoman legal space and the contours of the Mediterranean world.
(source: Nielsen Book Data)9781503602526 20171227
Law Library (Crown)
Book
xii, 279 pages ; 25 cm.
  • The notion of the collective dimension of freedom of religion or belief
  • The right to acquire legal personality : a substantive component of the right to freedom of religion or belief
  • The right of religious or belief groups to freedom in their internal affairs
  • Introduction to the case study on Turkey and the general Turkish legal framework pertaining to the right to freedom of religion or belief
  • The right of religious or belief communities to acquire legal personality in Turkey
  • The right of religious or belief communities in Turkey to freedom in their internal affairs.
The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.
(source: Nielsen Book Data)9781138691223 20170418
Law Library (Crown)
Book
xxxvi, 394 pages ; 25 cm
  • Historical background
  • Legal sources
  • Personnel and agencies
  • Basic concepts
  • Area of implementation
  • The notion of 'employment contract'
  • Establishment of the employment contract
  • Obligations of the parties throughout the employment contract
  • Organization of the work
  • The ending of the employment contract
  • Union freedom and protection
  • Organization of unions
  • Membership and union activities
  • Concluding of collective labour agreement
  • Duration and termination of collective labour agreement
  • Amicable ways of settlement in collective labour disputes
  • ans and restrictions on strikes and lockouts
  • Strikes
  • Lockouts.
"This book provides...information on the legal rights of employers and employees in Turkey, plus up-to-date sections on wages, working hours, employment contracts, discrimination laws, and unions. The work mainly consists of three parts: introduction, individual labour law, and collective labour law in Turkey. The extensive material and numerous court decisions presented in each chapter will introduce readers to the major current debates in labour law and encourage them to engage in critical and independent assessment. As such, the book offers an...overview of the development and status quo of labour law and industrial relations issues in Turkey."-- Back cover.
Law Library (Crown)
Book
xiii, 156 pages : illustrations ; 25 cm.
  • Introduction: Exploring the puzzle of minority rights
  • Theorizing Europeanization through enlargement : pull and push model
  • Transformative power of the European Union, minority rights and Turkey
  • Changing minority rights of Turkey in 1999-2014
  • Push without pull in 1999-2004 : EU conditionality triggers the reforms
  • Transition to pull without push in 2005-2007 : from the EU to the 'domestic'
  • Pull without push in 2008-2014 : drift from the EU and rule by the 'domestic'
  • Alternative explanations
  • Conclusions and prospects.
The issue of minority rights is highly contested in both member and candidate states of the European Union. Compared with other policy areas, the Europeanization process in minority rights is much slower and more problematic. Turkey, though, differs from the majority of the member states by showing positive development, although admittedly it is still characterised by both accelerations and slowdowns. This book examines how minority protection, as a highly sensitive and controversial issue, is promoted or constrained in the EU's neighbourhood, by focusing on the case of Turkey. It draws on current external Europeanization theories and suggests a rationalist model comprising both the role of the EU and also domestic factors. It integrates two models of external Europeanization provided by Schimmelfennig and Sedelmier (2005), i.e. the external incentives and lesson-drawing models, and the framework of the pull-and-push model of member state Europeanization by Borzel (2000), to derive a comprehensive model for external Europeanization. The book argues that the push by EU conditionality and the pull by domestic dissatisfaction are influential in promoting change. Without one or the other, domestic change remains incomplete, as it is either shallow or selective. Focusing on the Turkish case, the book enhances the theoretical understanding of external Europeanization by shifting focus away from EU conditionality to voluntarily driven change, and by providing a theoretical model that is applicable to other countries. It will therefore be a valuable resource for students and scholars studying minority rights and Turkish and European ethnic politics.
(source: Nielsen Book Data)9781138639737 20170626
Law Library (Crown)
Book
xxii, 312 pages ; 25 cm
  • Formation of the contract
  • Public promise
  • Form of the contract
  • Standard terms
  • Content of the contract
  • Abstract acknowledgement of debt
  • Obligation to contract
  • Contract interpretation and simulation
  • Incomplete contracts
  • Revision of the contract (hardship)
  • Mistake, fraud and duress
  • Unfair exploitation (lesion)
  • Agency
  • Performance of obligation
  • The object of performance
  • Performance of the debtor
  • Place of performance
  • Time of performance
  • Proof of performance
  • Default of the creditor
  • Natural obligations
  • Non-performance of the obligation
  • Default of the debtor
  • Effects of the obligation on third parties
  • Extinguisment of obligations
  • Limitation period
  • Joint and several debtors
  • Joint and several creditors
  • Conditional contracts
  • Earnest money and forfeit money
  • Conctractual penalty
  • Assignment of claims
  • Assumption of obligations
  • Transfer of contracts and joining a party to an existing contract.
This book introduces readers to the main principles of Turkish contract law, and particularly analyzes the general provisions of the Turkish Code of Obligations. Moreover, in order to illuminate certain key subjects, it discusses selected provisions of the Turkish Civil Code, the Turkish Commercial Code and the Turkish Bankruptcy and Enforcement Law.Intended to provide a comprehensive and clear overview of Turkish contract law, the book seeks to avoid contentious arguments and explains the subjects with the help of simple examples.
(source: Nielsen Book Data)9783319600604 20180205
Law Library (Crown)
Book
xiii, 346 pages : maps ; 24 cm.
  • Quantitative approaches in research on Ottoman legal practice
  • Kastamonu : the town and its people
  • The court, its actors, and its archive
  • Court use : disputes versus agreements
  • Dispute resolution in Ottoman courts of law
  • Trial versus settlement : an economic approach
  • Which disputes went to trial? : case-type- and period-based analyses
  • Rules and tools of litigation
  • Economics of litigation : what affects success at trial?
  • Who won? case-type- and period-based analyses.
During the seventeenth and eighteenth centuries, the Ottoman Empire endured long periods of warfare, facing intense financial pressures and new international mercantile and monetary trends. The Empire also experienced major political-administrative restructuring and socioeconomic transformations. In the context of this tumultuous change, The Economics of Ottoman Justice examines Ottoman legal practices and the sharia court's operations to reflect on the judicial system and provincial relationships. Metin Cosgel and Bogac Ergene provide a systematic depiction of socio-legal interactions, identifying how different social, economic, gender and religious groups used the court, how they settled their disputes, and which factors contributed to their success at trial. Using an economic approach, Cosgel and Ergene offer rare insights into the role of power differences in judicial interactions, and into the reproduction of communal hierarchies in court, and demonstrate how court use patterns changed over time.
(source: Nielsen Book Data)9781107157637 20170313
Law Library (Crown)
Book
xii, 154 pages ; 24 cm.
  • List of Figures and Tables Glossary Preface Note on Transliteration, Names and Dates Introduction Chapter 1 Religion in Context Religion as the metaphysical or theological Psychological definitions of religion Religion as the social Religion and politics: Boundaries and interactions Religion and politics: The dynamic of competition The role of secularism Chapter 2 Historical Meanings of Shari'a Classical Tradition and fiqh The classical tradition of Ottoman jurisprudence Range of modern approaches Conclusion Chapter 3 Landscapes of popular religion in Turkey Sources of influence in Turkish popular religion Education Religious organizations Religious leaders The media Conclusion Chapter 4 Turkish secularism Historiography Social science considering law and religion in Turkey Empirical studies considering preferences regarding Shari'a Chapter 5 Descriptive Analysis of Data Preference for Shari'a Religion What is Shari'a Shari'a process Shari'a rules Methodological approaches to Shari'a Analysis of significant correlations in survey data Linear regression and crosstab analysis Binary logistic regression model Conclusion Chapter 6 Analysis of Qualitative Interviews University educated High school educated Primary school education or less Reflections on the survey group of interviews Hizmet/Gulen-affiliated participants Chapter 7 Influences in the Formations of Views Toward Shari'a Ekrem Dilek Yusuf Elif Halil Altan Fatma Hakan Ahmet Sevgi Seda Melek Zeynep Emir Nergis Hizmet/Gulen-Affiliated Participants Observations Conclusion Bibliography Index.
  • (source: Nielsen Book Data)9781472479549 20160906
Words in both law and religion can shape power relationships and are often highly disputed. Shari'a lies within the overlap of these two spheres and provides a unique subject for the study of meaning in that liminal space. This book contributes important insights related to Islamic jurisprudence and secularism in the Turkish context and regarding the role of language in contested legal and religious contexts. The study begins by providing a historical framework for the ideas and terms covered, including concepts of religion in general, Shari'a in particular, and secularism in the Turkish state. It goes on to examine empirical research to describe and analyze contemporary Turkish understandings of religion and Shari'a. The author's research indicates that there is often a disconnect between supporting the adoption of Shari'a and supporting the regulation of everyday behavior through civil codes. Thus, "Shari'a" seems to have taken on new meanings as groups have sought either to appropriate or criticize it. It is a quintessential example of fractured and contextual meaning at the center of both religious and legal traditions. This book is essential reading for both academics and those interested in law, linguistics, history, political science, anthropology, sociology, religious studies, or Near Eastern studies.
(source: Nielsen Book Data)9781472479549 20160906
Law Library (Crown)
Book
xxxi, 206 pages ; 22 cm.
  • Einführung
  • Vortanzimâtliches Rechtsverständnis
  • Verfassungswerdng und Motivlage
  • Vergleichbare Reformen im 19. Jahrhundert in und um Europa sowie im fernen Osten : zur Permeabilität geographischer und kultureller Grenzen
  • die Sultanserlasse von 1839 und 1856 bis zur Einführung einer Verfassung
  • Die erste osmanische Verfassung vom 23. Dezember 1876
  • Mögliche Verfassungsvorbilder
  • Schlussbetrachtung
  • Anhang.
Law Library (Crown)
Book
xxviii, 354 pages ; 25 cm
  • Legal framework / Ali Yeşilırmak
  • ADR mechanisms : negotiation, mediation and expert determination / Ali Yeşilırmak
  • Drafting arbitration agreements and arbitrability / Eda Cerrahoğlu Balssen & Efe Kınıkoğlu
  • Appointment of and challenge to arbitrators / Murat Karkın
  • Arbitration procedure / Musa Aygül and Doğan Gültutan
  • Courts' support and supervision prior to the rendering of the award / Bilgehan Yeşilova
  • Challenges to arbitral awards / Bilgin Tiryakioğlu and Aslı Bayata Canyaş
  • Recognition and enforcement of foreign arbitral awards / Cemal Şanlı & Emre Esen
  • Investment treaty arbitration involving Turkey and Turkish parties / Stephan Wilske & Sarah Kimberly Hughes
  • Arbitrating M&A disputes / İsmail G. Esin, Özgün Çelebi, Sevgin Erker & Demet Kaşarcıoğlu
  • Arbitrating intellectual property disputes / Mehmet Gün, Hande Hançer & Basak Gürbüz
  • Appendix I: International arbitration law, Law No. 4686
  • Appendix II: Turkish private international law, Law No. 5718.
Law Library (Crown)
Book
370 pages ; 24 cm.
  • L'histoire constitutionnelle de la Turquie
  • Les principes constitutionnels intangibles
  • L'organisation constitutionnelle des pouvoirs
  • Les droits et libertés fondamentaux.
Law Library (Crown)
Book
64 pages ; 24 cm.
  • Introduction
  • Concept of individual application, its definition, nature and purpose --- Acts of public power which may be subject to individual application
  • Determining the rights and freedoms which may be subject to individual application
  • Determining the persons entitled to individual application
  • Admissibility criteria for the individual application
  • Petitioning, review and resolving of the individual application.
Law Library (Crown)
Book
xxix, 274 pages ; 25 cm
  • General introduction to Turkish business law / Tuğrul Ansay & Eric C. Schneider
  • Sales of personal property / Tuğrul Ansay & Iştk Önay
  • Consumer protection law / A. Lâle Sirmen
  • Agency / Tuğrul Ansay & Iştk Önay
  • Secured transactions (securities and suretyship) / A. Lâle Sirmen
  • Negotiable instruments / Tuğrul Ansay & Furat Öztan
  • Business associations / Tuğrul Ansay
  • Unfair trade law / Gül Okutan Nilsson
  • Competition law / Kerem Cem Sanlı
  • Intellectual property / Gül Okutan Nilsson
  • Labor law / Nurhan Süral & Mustafa Kılıçoǧlu
  • Tax law / Ahmet Kumrulu & Billur Yaltı
  • Banking law / Başak Şit İmamoǧlu
  • Private international law / Tuğrul Ansay & Eric Schneider
  • Foreign investment / Bilgin Tiryakioǧlu
  • International commercial arbitration in Turkey / Zeynep Derya Tarman.
Law Library (Crown)
Book
123 pages ; 23 cm.
Law Library (Crown)
Book
xvii, 372 pages : illustrations ; 23 cm
  • Making a constitution in a globalized world / Brice Dickson
  • Public participation in constitution-making and the future / Christina Murray
  • The role of unwritten constitutional principles in interpreting the constitution of Canada / Warren J. Newman
  • Making and amending of constitutions : comparative and rule of law perspectives on Turkey's constitutional reform / Jeffrey Thomas
  • Making and amending constitutions : some reflections / Maria Cahill
  • Culture and the rule of law : cautions for constitution-making / David Pimentel
  • The problem of amending the constitution in the light of the changes made in the March 18, 2009 Azerbaijan constitution / Murat Yanık
  • Methods of making a constitution / Faruk Bilir
  • Comparative constitutional law approaches to the relationship of religion and the state : issues for the new Turkish constitution / W. Cole Durham, Jr., and Brett G. Scharffs
  • Gender equality in the constitution : the Canadian experience / Beverley Baines
  • Constitutions and irrevocable articles / John C. Knechtle
  • Whose constitution : state or nation? / Cleveland Ferguson III
  • World citizenship, national citizenship and the constitution of a nation / Rod Sullivan
  • "Militant democracy" and the Turkish constitutional court / Yusuf Şevki Hakyemez
  • In human hands : constitutional meaning and judicial responsibility / Craig Green
  • Constitutional protection of social welfare rights / Conor O'Mahony
  • Individual application to the constitutional court for protection of human rights / Hüseyin Özcan and Erdal Abdulhakimoğulları
  • The right to education in Turkey / Lütfü İlgar
  • NGO proposals for the new constitution of Turkey / Şentürk Uzun
  • Multiculturalism : success, failure, and the future / Will Kymlicka
  • Introduction to religious education of minorities in the Ottoman Era / Fatih Öztürk.
Law Library (Crown)
Book
149 pages ; 27 cm
  • Methodology
  • Summary
  • The conduct of the judiciary in enforced disappearances / Emel Ataktürk Sevimli
  • Enforced disappearances in international law / Prof. Gökçen Alpkaya
  • The recognition of enforced disappearance as a crime under domestic law and the statute of limitations : a problematic of international criminal law / Asst. Prof. Öznur Sevdiren
  • Enforced disappearance cases from the perspective of the European Court of Human Rights / İlkem Altintaş.
Law Library (Crown)
Book
x, 302 p. ; 24 cm.
  • 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.
  • (source: Nielsen Book Data)9781409420088 20160610
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.
(source: Nielsen Book Data)9781409420088 20160610
Law Library (Crown)
Book
106 pages : maps ; 27 cm
  • Introduction
  • Enforced disappearance : definition and international framework
  • Background
  • Enforced disappearances in Turkey : a general overview
  • Research topic and methodology
  • A few notes on the space
  • Findings of the field study
  • Epilogue: "He was so special, he was such a perfect person"
  • Conclusion and recommendations.
Law Library (Crown)
Book
169 p. ; 20 cm
Law Library (Crown)
Book
185 p. ; 22 cm.
  • Context and History The Basic Characteristics of the 1982 Constitution Fundamental Rights and Liberties Parliament The Executive and the Administration The Judiciary Constitutional Justice Constitutional Revisions The Constitutional Crisis of 2007 and its Aftermath and the Search for a New Constitution.
  • (source: Nielsen Book Data)9780230121003 20160607
While providing an analysis of Ottoman-Turkish constitutional developments since the first constitution of 1876, this book focuses on the present constitutional system of Turkey based on the Constitution of 1982. This Constitution, a product of the military regime of 1980-1983, strongly reflects the authoritarian, statist and tutelary mentality of its military founders, as well as their deep distrust for civilian politics. Even after sixteen liberalizing amendments since 1987, it has not been possible to completely liquidate this illiberal spirit, hence Turkey's need for a totally new, liberal, and fully democratic constitution. The author analyzes in detail the search for such a constitution and the current constitutional debates.
(source: Nielsen Book Data)9780230121003 20160607
Law Library (Crown)
Book
xxii, 273 pages ; 25 cm.
  • Sources of Turkish law / Adnan Güriz
  • Constitutional law / Ergun Özbudun
  • Administrative law / Sait Güran
  • Law of persons / Tuğrul Ansay
  • Legal persons, societies and business associations / Tuğrul Ansay
  • Family law / Tuğrul Ansay
  • Law of succession / Tuğrul Ansay
  • Law of property / Tuğrul Ansay
  • Law of obligations / Tuğrul Ansay
  • Criminal law / R. Murat Önok
  • Law of procedure / Ali Cem Budak [and others]
  • Criminal procedure / Feridun Yenisey.
Law Library (Crown)