Settlement of disputes in rural Alevi communities
2021
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Advisor: Prof. Dr. Mehmet Tevfik Özcan
Abstract (EN)
The main question of this thesis is whether the fact that Alevis solve their problems in "people's courts," where decisions are made with the participation and votes of the entire community in line with their own social norms, instead of state courts can be a research topic in the sociology of law or not. When seeking an answer to this question, firstly, the theories of law will be examined. The possibility of "Alevi People's Courts" being a research topic in the sociology of law will be discussed within the framework of Eugen Ehrlich's "Living Law" theory. After the discussion, it will be argued that it is possible. Furthermore, the concept under which "Alevism" will be discussed in sociology will be examined in the light of sociological theories. The answer to this question will be sought within the sociological approach developed by Ferdinand Tönnies on the concepts of "Community/Society." As a result, it will be argued that Alevis can be a research topic in sociology as a "community." In the following section, the formation of social norms, the relationship between social norms and legal norms, social control mechanisms, and conformity to norms will be discussed in the light of theories. Then, the concept of "Alevi" and the main concepts of the Alevi belief system will be examined, and the theoretical background of the law and judicial system of Alevi communities, which will be discussed in the following section, will be built. Moreover, the institutional structure of the Alevi belief system and community, especially the institution of musahiplik, will be analyzed. Within the framework of the concept of musahiplik, the concepts of family and kinship in general and virtual kinship in particular will be discussed in the light of anthropological data, and a definition will be proposed. In the light of all these, the law and judicial system of Alevi communities will be discussed in comparison with modern law. The discussion will continue in the light of the data obtained in the field, which will be analyzed in the conclusion. Keywords: Alevism, Bektashism, Qizilbash, Natural Law, Positivist Legal Theory, Community, Society, virtual kinship, People's Courts, Kinship, Family, social control mechanisms, norm, conformity to norms.
Author
Dr. Celal Güngördü
How to Cite
Celal Güngördü (Master Thesis). Settlement of disputes in rural Alevi communities, 2021, İstanbul University.
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