The hardships faced in the path of democratisation: democratisation against conservatism and Turkish experience
| Autor | Zeynep Üskül Engin |
| Ocupação do Autor | Associate Proffessor, Galatasaray University Law Faculty |
| Páginas | 1570-1595 |
1570 • XXVI World Congress of Philosophy of Law and Social Philosophy
The hardships faced in the
path of democratisation:
Democratisation against conservatism
and Turkish experience1
Dr. Zeynep Üskül Engin2
Abstract: Social changes are the common features faced in all socities with its
societal surges, processes of ambiguity and transition phases. These changes,
therefore, pose a vital role in order to maintain the existence of the society.
These can emerge in the technical and political organisation of the society, in
itscultureandvariousinstitutionsandthus canbeprofound andecientin
aectingthe structureofthe society Besidesthese changes canbe slowfast
smooth/tough, long-term/short-planned, regular/random, planned/unplanned
and permissive/oppressive. For some countries democratisation may mean a so-
cietal change in this sense. Adoption of Western values, opening its doors to the
West’s culture of law and changing the existing political system is an extensive
alteration bringing along many others. Hence, for the jurists it is highly striking
that the laws are being utilised to establish this change. Above all, laws emerge
as an exerting force in the hands of the ones holding the political power. Societal
engineering by the help of the laws can create possible alternative outcomes in
order to apply the desired; however in traditional and conservative societies a
resistance can occur, and there can always be a likelihood of the segregation of
the multi-lingual or multi-religious socities. If these mentioned societies, once
ruledby a singleauthoritythe diculties aremultipliedIn spite ofthepo-
liticalsocialeconomicandculturaleortsinordertorootthechangesinthe
society there can occur some serious reactions and resistance. The acceptance of
material culture is much easier than the spiritual one; that is the reason why,
for example, when members of the society accept technological changes rapidly
iemobilephonestheycannotshow the same tendency against the altera-
tionsinlawsiecapitalpunishmentandthiseventuallystandsasanobstacle
against the emergence of culture of law. Under the circumstances where there
is less reaction against democratisation, naturally each country’s history, moral
structuresocioeconomicsituationandsocietalbalanceareinuential
1
e research has been nancially supported by Galatasaray University Research Found.
2
Associate Proessor, Galatasaray University Law Faculty.
Working Group: Law and democracy • 1571
The aim of this article is to discuss the hardships that faced Turkey in
the path of democratization. The main objective is to open mentioned issues into
discussion which would based on experience.
Keywords: Democratization, Conservatism, Turkey.
Introduction:
Social changes are the common features faced in all societies with
its societal surges, processes of ambiguity and transition phases. These
changes, therefore, pose a vital role in order to maintain the existence of
the society. These can emerge in the technical and political organisation
of the society, in its culture and various institutions, and thus can be
profoundandecientinaectingthestructureofthesociety Besides
these changes can be slow/fast, smooth/tough, long-term/short-planned,
regular/random, planned/unplanned and permissive/oppressive.
Examining a country which is perfectly in order and has solved
mostofitsproblemscanreachtonescienticconclusionshoweverit
can also be claimed that the search can thus be ordinary and reach to less
appealing results. Actually, for a social scientist it is rather interesting to
examine Turkish society. Each society is in motion but Turkish society
has been experiencing the greatest breakings, and has been presenting
itself as a society of ongoing change. Even, there have been numerous
changes since the moment when the title of this article was chosen and
thetime when itstartedto be wrienPlus duringthisperiod every-
one has given astounding reactions, and thus embodying features that
wouldaectthecourseofthisstudy
As an example that can be given to this is that in late May, what
aracts the whole Turkish country and the entire world receiving
support from Brazil, and more or less at the same period there have
been concurrent large-scale protests in Brazil - are the protests against
a construction of a shopping mall in the city centre in Gezi Park, Tak-
sim, İstanbul What actually lie under these are the reasons related to
social, political, cultural and legal history. In order to understand the
demands here, acknowledgement of past and recent issues is strongly
required because Turkey’s social construction is quite complex. Ethnic
identitiesdierences in religioussectsclass distinctions culturaldif-
ferences stand as a couple of factors that can be counted. Although the
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