Yüksel Sezgin
Dados Biográficos
| ID | 246047 |
|---|---|
| NOME | Yüksel Sezgin |
| PRENOMES | Yüksel |
| SOBRENOME | Sezgin |
| ASSINATURA | SEZGIN Y |
| AFILIAÇÕES | Syracuse University |
| ORCID | 0000-0002-9044-0215 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 15 |
| TOTAL DE CITAÇÕES | 28 |
| TOTAL COMO AUTOR | 15 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2004 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 1 |
Muslim Family Law Reform
35 Muslim-majority and 18 Muslim-minority countries formally integrate Muslim Family Laws ( mfl s) into their legal systems. Both groups of governments have undertaken legislative reforms to improve the status of women/children under mfl s and strengthen the rule of law within their mfl systems. The existing scholarship does not address whether mfl s are more reformed or human/women’s rights friendlier in Muslim-majority or Muslim-minority countr…
A global and historical exploration
Thirty‐five Muslim‐majority and 18 Muslim‐minority countries formally integrate Muslim Family Laws (MFLs) into their legal systems and enforce them through state courts. Both Muslim‐majority and Muslim‐minority governments have undertaken legislative reforms to alleviate the effects of religious laws on fundamental human rights, increase accountability and accessibility, and strengthen the rule of law within their MFL systems. Extant literature i…
Undignified Jurispathy
Ghana has inherited colonial legislation that recognizes and regulates the consequences of Muslim family law (MFL). However, in practice, courts almost never recognize the normative existence of MFL and systematically dismiss the cases on procedural grounds without discussing their merits. What explains the judiciary’s attitudes toward Islamic law? Why do Ghanaian courts refuse to engage with MFL in substantive terms? How does this judicial polic…
Resiliency and Pitfalls of Crisis Regimes
Five days after the attempted coup d’état of 15 July 2016, a state of emergency was declared in Turkey. Under the emergency rule, constitutional rights and liberties are suspended and parliament and the courts are reduced to the regime's rubber stamp, while the country is ruled by one man through decrees. While many question how the legal and political developments in Turkey will unfold, and whether and how the democratic backslide and decline in…
Muslim Family Laws in Israel and Greece
Should a democratic regime formally incorporate religious laws and courts into its otherwise secular legal system? This is not a hypothetical question. Some democratic nations already formally integrate religion-based laws in the field of family law (especially Muslim Family Law – MFL). Although state-enforced MFLs often affect human rights negatively, many governments, especially non-Muslim majority ones, have refrained from direct legislative i…
The Unification of Law and the Postcolonial State
The article analyzes the evolution of state law pluralism in the field of personal status law in India and Indonesia in the postcolonial era. Having inherited pluri-legal personal law systems from their colonial patrons, postindependence leaders in both countries vowed to eliminate and replace pluri-legal arrangements by uniform civil law systems that would not discriminate on the basis of ethnicity, custom, or religion. Despite their attempts at…
Regulation of 'Religion' and the 'Religious
This article compares the strategies through which Hindu-majority India and Muslim-majority Indonesia have regulated religion and addressed questions of what constitutes 'the religious' in the post-independence period. We show that the dominant approach pursued by the Indian state has been one of judicialization-the delegation of religious questions to the high courts-while in Indonesia it has predominantly been one of bureaucratization-the regul…
Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon th…
Diversity in Democracy
The articles assembled in this symposium share their roots in a workshop we organized at the International Institute for the Sociology of Law (IISJ) in Onati, Spain, in June 2011. The workshop, titled “Legal Pluralism and Democracy. When Does Legal Pluralism Enhance, When Does It Erode Legitimacy of and Trust in Democratic Institutions?” examined the consequences of legal pluralism for various facets of democracy, from human rights and political …
The Israeli Millet System
Israel still maintains the personal status system (millet) that it inherited from the Ottoman Empire under which the courts of fourteen ethno-religious communities are granted exclusive jurisdiction over matters of marriage and divorce and concurrent jurisdiction with the civil courts in regard to such matters as maintenance and inheritance. But, why Israel, as a highly centralized and democratic polity, has maintained the old millet system which…
How to Integrate Universal Human Rights into Customary and Religious Legal Systems
Customary religious legal systems have been utilized in various areas from fighting against crime to such mundane affairs as setting the price of goods and services in the market place or regulating personal and familial relations. Against this background, the present study will exclusively focus its lenses on so-called personal status systems as quintessential example of customary religious legal systems in the contemporary world. In this contex…
Introduction to the Special Issue
Legal Unification and Nation Building in the Post-colonial World
How do states consolidate their legal systems? Do all states follow the same trajectory of state-building and legal unification? And, particularly how do post-colonial states respond to legally pluralistic regimes that they Inherit at the time of independence? These are some of the questions that this article will attempt to shed light upon by closely analyzing the Israeli and Indian states' responses to polycentric legal systems that they inheri…
Taking a New Look at State-Directed Industrialization
State-Directed Development: Political Power and Industrialization in the Global Periphery. By Atul Kohli. Cambridge: Cambridge University Press, 2004. 478 pp., $85.00 (ISBN: 0-521-83670-0), $27.99 paper (ISBN: 0-521-54525-0). The questions of “why some countries are rich and some others are poor” (North and Thomas 1973; Rosenberg and Birdzell 1986; Diamond 1999; Landes 1999) or “what it would take for less developed countries to break their vicio…
Theorizing Formal Pluralism
Israel is a legally pluralistic society. So is India. And they both have been legally pluralistic societies throughout their history. This is also true of every human society. The forms and levels of legal plurality that we observe across different
Regulation of 'Religion' and the 'Religious
This article compares the strategies through which Hindu-majority India and Muslim-majority Indonesia have regulated religion and addressed questions of what constitutes 'the religious' in the post-independence period. We show that the dominant approach pursued by the Indian state has been one of judicialization-the delegation of religious questions to the high courts-while in Indonesia it has predominantly been one of bureaucratization-the regul…
Undignified Jurispathy
Ghana has inherited colonial legislation that recognizes and regulates the consequences of Muslim family law (MFL). However, in practice, courts almost never recognize the normative existence of MFL and systematically dismiss the cases on procedural grounds without discussing their merits. What explains the judiciary’s attitudes toward Islamic law? Why do Ghanaian courts refuse to engage with MFL in substantive terms? How does this judicial polic…
Muslim Family Laws in Israel and Greece
Should a democratic regime formally incorporate religious laws and courts into its otherwise secular legal system? This is not a hypothetical question. Some democratic nations already formally integrate religion-based laws in the field of family law (especially Muslim Family Law – MFL). Although state-enforced MFLs often affect human rights negatively, many governments, especially non-Muslim majority ones, have refrained from direct legislative i…
The Unification of Law and the Postcolonial State
The article analyzes the evolution of state law pluralism in the field of personal status law in India and Indonesia in the postcolonial era. Having inherited pluri-legal personal law systems from their colonial patrons, postindependence leaders in both countries vowed to eliminate and replace pluri-legal arrangements by uniform civil law systems that would not discriminate on the basis of ethnicity, custom, or religion. Despite their attempts at…
Theorizing Formal Pluralism
Israel is a legally pluralistic society. So is India. And they both have been legally pluralistic societies throughout their history. This is also true of every human society. The forms and levels of legal plurality that we observe across different
Taking a New Look at State-Directed Industrialization
State-Directed Development: Political Power and Industrialization in the Global Periphery. By Atul Kohli. Cambridge: Cambridge University Press, 2004. 478 pp., $85.00 (ISBN: 0-521-83670-0), $27.99 paper (ISBN: 0-521-54525-0). The questions of “why some countries are rich and some others are poor” (North and Thomas 1973; Rosenberg and Birdzell 1986; Diamond 1999; Landes 1999) or “what it would take for less developed countries to break their vicio…
Legal Unification and Nation Building in the Post-colonial World
How do states consolidate their legal systems? Do all states follow the same trajectory of state-building and legal unification? And, particularly how do post-colonial states respond to legally pluralistic regimes that they Inherit at the time of independence? These are some of the questions that this article will attempt to shed light upon by closely analyzing the Israeli and Indian states' responses to polycentric legal systems that they inheri…
The Israeli Millet System
Israel still maintains the personal status system (millet) that it inherited from the Ottoman Empire under which the courts of fourteen ethno-religious communities are granted exclusive jurisdiction over matters of marriage and divorce and concurrent jurisdiction with the civil courts in regard to such matters as maintenance and inheritance. But, why Israel, as a highly centralized and democratic polity, has maintained the old millet system which…
How to Integrate Universal Human Rights into Customary and Religious Legal Systems
Customary religious legal systems have been utilized in various areas from fighting against crime to such mundane affairs as setting the price of goods and services in the market place or regulating personal and familial relations. Against this background, the present study will exclusively focus its lenses on so-called personal status systems as quintessential example of customary religious legal systems in the contemporary world. In this contex…
Introduction to the Special Issue
Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon th…
Diversity in Democracy
The articles assembled in this symposium share their roots in a workshop we organized at the International Institute for the Sociology of Law (IISJ) in Onati, Spain, in June 2011. The workshop, titled “Legal Pluralism and Democracy. When Does Legal Pluralism Enhance, When Does It Erode Legitimacy of and Trust in Democratic Institutions?” examined the consequences of legal pluralism for various facets of democracy, from human rights and political …
Regulation of 'Religion' and the 'Religious
This article compares the strategies through which Hindu-majority India and Muslim-majority Indonesia have regulated religion and addressed questions of what constitutes 'the religious' in the post-independence period. We show that the dominant approach pursued by the Indian state has been one of judicialization-the delegation of religious questions to the high courts-while in Indonesia it has predominantly been one of bureaucratization-the regul…
The Unification of Law and the Postcolonial State
The article analyzes the evolution of state law pluralism in the field of personal status law in India and Indonesia in the postcolonial era. Having inherited pluri-legal personal law systems from their colonial patrons, postindependence leaders in both countries vowed to eliminate and replace pluri-legal arrangements by uniform civil law systems that would not discriminate on the basis of ethnicity, custom, or religion. Despite their attempts at…
Resiliency and Pitfalls of Crisis Regimes
Five days after the attempted coup d’état of 15 July 2016, a state of emergency was declared in Turkey. Under the emergency rule, constitutional rights and liberties are suspended and parliament and the courts are reduced to the regime's rubber stamp, while the country is ruled by one man through decrees. While many question how the legal and political developments in Turkey will unfold, and whether and how the democratic backslide and decline in…
Muslim Family Laws in Israel and Greece
Should a democratic regime formally incorporate religious laws and courts into its otherwise secular legal system? This is not a hypothetical question. Some democratic nations already formally integrate religion-based laws in the field of family law (especially Muslim Family Law – MFL). Although state-enforced MFLs often affect human rights negatively, many governments, especially non-Muslim majority ones, have refrained from direct legislative i…
Undignified Jurispathy
Ghana has inherited colonial legislation that recognizes and regulates the consequences of Muslim family law (MFL). However, in practice, courts almost never recognize the normative existence of MFL and systematically dismiss the cases on procedural grounds without discussing their merits. What explains the judiciary’s attitudes toward Islamic law? Why do Ghanaian courts refuse to engage with MFL in substantive terms? How does this judicial polic…
Muslim Family Law Reform
35 Muslim-majority and 18 Muslim-minority countries formally integrate Muslim Family Laws ( mfl s) into their legal systems. Both groups of governments have undertaken legislative reforms to improve the status of women/children under mfl s and strengthen the rule of law within their mfl systems. The existing scholarship does not address whether mfl s are more reformed or human/women’s rights friendlier in Muslim-majority or Muslim-minority countr…
A global and historical exploration
Thirty‐five Muslim‐majority and 18 Muslim‐minority countries formally integrate Muslim Family Laws (MFLs) into their legal systems and enforce them through state courts. Both Muslim‐majority and Muslim‐minority governments have undertaken legislative reforms to alleviate the effects of religious laws on fundamental human rights, increase accountability and accessibility, and strengthen the rule of law within their MFL systems. Extant literature i…
Political science (14 obras) · Sociology (14 obras) · Law (13 obras) · Politics (10 obras) · Democracy (8 obras) · Law (8 obras) · Human rights (6 obras) · Islamic Studies and History (6 obras) · Legal pluralism (5 obras) · Legal realism (5 obras)