The genesis of the ‘Exceptional’ Republic: the permanency of the political crisis and the constitution of legal emergency power in Turkey

ABSTRACT

Almost half of the political life has been experienced under the state of emergency and state of siege policies in the Turkish Republic. In spite of such a striking number and continuity in the deployment of legal emergency powers, there are just a few legal and political studies examining the reasons for such permanency in governing practices. To fill this gap, this paper aims to discuss one of the most important sources of the ‘permanent’ political crisis in the country: the historical evolution of legal emergency power. In order to highlight how these policies have intensified the highly fragile citizenship regime by weakening the separation of power, repressing the use of political rights and increasing the discretionary power of both the executive and judiciary authorities, the paper sheds light on the emergence and production of a specific form of legality based on the idea of emergency and the principle of executive prerogative. In that context, it aims to provide a genealogical explanation of the evolution of the exceptional form of the nation-state, which is based on the way political society, representation, and legitimacy have been instituted and accompanying failure of the ruling classes in building hegemony in the country.     

From ‘clients’ to ‘magnates’: the (not so) curious case of Islamic authoritarianism in Turkey

ABSTRACT

This paper sketches out the historical emergence and progress of political Islam in modern Turkey by emphasizing its statist and clientelistic aspects emanating from the authoritarian basis of Turkish political modernization. The paper contends that there has always been an authoritarian and autocratic tendency in modern Turkish politics that depends on a peculiar and modernist articulation of both Islamism and secularism, which eventually stand on the same ground. This very ground is formed upon a sacred understanding of the state that can be defined as an all-encompassing and absolute perfection of political power, which manifests itself differently in content for secular nationalists and Islamists, and yet produces the same authoritarian tendency. Both the secular nationalism and Islamism appear to be state oriented movements in the sense that they both have emanated from the state, and envisage to control the state in an absolute sense.     

Deaths from drug overdose and toxicity in Turkey: 1997-2001

Turkey is located on the main overland connection between Asia and Europe, making the country potentially vulnerable to drug trafficking and its associated harms. The aim of the present study is to explore the frequency of all deaths from drug overdose and toxicity in Turkey and to describe some of the characteristics of these deaths. We collected data on all deaths from drugs in Turkey between 1997 and 2001 using records from the Council of Forensic Medicine. Data obtained from autopsy reports were retrospectively analyzed. In the present study, 374 deaths from drugs were reported in Turkey, with a mortality rate of 0.17 per 100,000 population. Highest mortality rates were found in Istanbul (0.83) and Gaziantep (0.71). The mean age was 34.0, and most cases (71.7%) were below the age of 40. The proportion of female cases was 13.6%. Opiates were implicated in 91.5% of deaths and benzodiazepines in 25.9%. Two fifths (38.8%) of the cases involved use of more than 1 drug. In 36.6% of cases, the route of final drug administration was by injection. The most common location of death was at a home (33.7%). Interventions to reduce drug use nationally are urgently required. International cooperation in social-educational activities, scientific research, and security measures is essential for this war.     

Mothers on Trial: Discourses of Cot Death and Munchausen’s Syndrome by Proxy

This article explores some of the issues raised by Munchausens Syndrome by Proxy (MSbP) and the relationship between medicine and law, specifically the discourses which feature in the courtroom portraying motherhood and expectations of parenting. These discourses are often hidden yet play a determining role in prosecutions for alleged maltreatment of children involving medically unexplained infant death syndrome. We offer a critique of MSbP and seek to unveil the assumptions about mothers, the parent predominantly affected by the diagnosis, and mothering that underlie the association of women accused of deliberating harming their children. We suggest such insights are valuable because although the syndrome has never acquired a clear medical or legal definition, it has had repeated appearances in the literature and courtroom over the last 25 years and has more recently attracted attention from government, health care practitioners, academics and the media. We explore these issues through an examination of two recent Court of Appeal decisions in England: those of Sally Clark and Angela Cannings.     

Explaining Sexual Harassment Judgments: Looking Beyond Gender of the Rater

Law and Human Behavior - In two decades of research on sexual harassment, one finding that appears repeatedly is that gender of the rater influences judgments about sexual harassment such that...     

Fatalities due to methyl alcohol intoxication in Turkey: an 8-year study

The aim of this study is to examine methyl alcohol poisoning cases from the medico-legal point of view. The records of the Morgue Department of Council of the Forensic Medicine were reviewed retrospectively for all methyl alcohol poisonings for the period of 27.10.1992 and 30.05.2001. The victim's age, sex, death year, death place, methyl alcohol blood levels, the source of methyl alcohol, accompanying laboratory results and histopathologic tissue changes were recorded. The number of deaths due to the methyl alcohol poisoning was 271 during that period of time. Two hundred and forty-two of the (89.3%) total 271 methyl alcohol fatalities were men and 29 (10.7%) of were women. The largest age group was 36-40 years old, followed by 41-45. The methyl alcohol blood concentrations ranged widely from 50 to 755 mg for per 100 ml. There were 222 cases (81.9%) with the methyl alcohol blood concentrations over 100 mg/dl. Twenty-nine (10.7%) victims were poisoned through the consumption of cologne and three of them with alcoholic beverage named "Raki". Consumed products were not known in all other cases because of insufficient patient history and data. As a conclusion, regarding the distribution according to years, mortality due to methyl alcohol intoxication in our country have been proceeding on a certain level. In order to decrease the mortality due to methyl alcohol intoxication, some precautions should be developed that could prevent the production and consumption of alcoholic beverages illegally produced.     

Handwriting changes under the effect of alcohol

Document examiners are often faced with difficulties in evaluating handwriting by persons under the influence of alcohol. Although numerous articles are available on the subject of alcohol influence on handwriting quality, most of them were based on empirical data such as "few" or "increased", without any statistical evaluation. The aim of this research is to determine whether previous observations on reported effects of alcohol on handwriting are valid and to establish the predictability of observing specific effects. A total of 73 participants, who completed all steps of the experiment, were surveyed. Handwriting samples were taken before and after the consumption of alcohol. The test form, including criteria of prior studies used by document examiners, was evaluated with the help of a Olympus X-Tr stereo microscope, direct and oblique angle lighting and a video spectral comparator (VSC 2000). Measurements were done by means of digital caliper, statistics using repeated measures ANOVA, Pearson correlation, Pearson Chi square test, McNemar test and Wilcoxon signed rank test.The results revealed that the handwriting parameters such as word lengths, height of upper and lower case letters, height of ascending letter, height of descending letter, spacing between words, number of angularity, number of tremor, and number of tapered ends are all significantly increased under the effect of alcohol.It was also determined that the significant correlation between the alteration of handwriting parameters such as height of upper and lower case letters, number of angularity, number of tapered ends and the amount of alcohol. Furthermore, it does not confirm the conclusions of previous studies stating that alcohol levels are not proper indicators. Our data strongly confirms that handwriting changes can be observed at any level of alcohol.None of the alterations in handwriting can be attributed to the effects of alcohol intake alone. However, the presence of some alterations together is strongly suggestive that the person was under the influence of alcohol.First of all, the duty of handwriting examiner is to identify if the questioned and known sample are coming from the same source. Consequently, as this explanatory analysis suggests that differences between sober and intoxicated persons can be identified in handwriting, but the examiner's judgement must be proportionately cautious, keeping in mind the abnormally wide range of variation.     

Allele frequencies for 15 STR loci in Van-Ağri districts of the Eastern Anatolia region of Turkey

Allele frequencies of 13 tetrameric short tandem repeat (STR) loci (D3S1358, TH01, D21S11, D18S51, D5S818, D13S317, D7S820, D16S539, CSF1PO, vWA, D8S1179, TPOX, FGA) and 2 pentameric short tandem repeat loci (Penta E and Penta D) included in the PowerPlex 16 kit were obtained from a sample of 116 unrelated individuals in Van-A?ri districts of the Eastern Anatolia region of Turkey. The expected performance of these loci for personal identification and paternity testing in this population was estimated.     

Gender,Politics and the State: What Do Middle Eastern Women Want?

The essays that follow are drawn from invited presentations of the Conference Group on the Middle East, which meets annually in conjunction with the American Political Science Association. The essays published here were presented in San Francisco, August 29-September 1, 1996, on one of three panels dealing with gender, politics and the state. Thanks to the continuing generosity of the Ford Foundation, five scholars from the Middle East were able to participate. The contributors would like to thank Farhad Kazemi, Deborah Gerner and Jean Lecafor their excellent comments at the panels. Louis J. Cantori, who has shepherded the Conference Group since its creation by a group of University of Chicago graduates more than a decade ago, deserves special thanks for his tireless commitment.