The relational analysis of juristical and political processes

In this thesis, the text of the indictment of a lawsuit which occured in the recent history of Turkey will be tried to examine in order to analyse the relation between law and politics. This text will be tried to understand as an apparatus that provides parties to demonstrate their political struggle in the juristical field with the strategic moves. The indictment will be tried to grasp as a baseline for the analysis of the relation between law and politics. Throughout the study, the indictment is divided into three sections. Firstly, the organisation depicted in the indictment will be discussed. The political and juristical ambiguities of organisation's definition in the indictment will be tried to underline. In the second pard, the ambiguities of political and juristical positions of the people who were claimed to be punished according to the indictment will be tried to underline. And finally, the political and juristical ambiguities of the actions claimed to be punished in the indictment will be discussed. It will be demonstrated that there is a relation between the political and juristical ambiguities of anti-terror law which is established via the suspension of the law, and the ambiguities that the indictment contains. The ambiguities that we acquired by the indictment, the Constitution and anti-terror law, and bare life and sovereignleave a room to the soverign for political decision-making. However, it does not mean that political sphere is narrowed via the suspension of the law. This thesis will demonstrate that political sphere can not be narrowed. The outcomes that we obtain from the indictment shows that the suspention of the law is nothing but changing form of the struggle.