Sociological Factors Affecting the Judicial Decision Making Of Judges In Contentious Cases In Turkey

Arca Begüm BAYIR OĞUZ

TABLE OF CONTENTS

CHAPTER 1
Introduction

 CHAPTER 2
The Judge's Judicial Activities In Turkey
2.1. The concept of judicial activity
2.2. The judge's judicial activities
2.2.1. Interpretation of legal rule
2.2.2. Judicial discretion
2.2.3. Creation of legal rule
2.2.4. Other types of gaps expected to fill in the judge's judicial activities

CHAPTER 3
Judicial Decision Making As "Pure Logic" Or "Determinate"
3.1. Preceding theories on judicial decision-making processes
3.1.1. Sir William Blackstone
3.1.2. Legal formalism: judicial decision making as pure logic?
3.1.3. American legal realism: judicial decision making as determinate?

CHAPTER 4
Theoretical and Conceptual Framework
4.1. Theoretical framework
4.1.1. Bourdieu's theory of practice into judicial-decision making
4.2. Conceptual Framework
4.2.1. Jurisdicton, judge and judicial decision making

CHAPTER 5
Research Method
5.1. Research Design
5.1.1. Participants
5.1.2. Data collection and analysis

CHAPTER 6
"The Judge Make Decisions with Human Emotions"
6.1. "When did the white collar become a judge, a prosecutor?"
6.2. "...In fact, even the judge's breakfast affects her/his decisions"
6.3. "The Kadi of Üsküdar and the Kadi of Beşiktaş make different decisions about divorce, two sides of the sea, two different decisions in the same case..."
6.4. "When I started my career, I had a child, I had a girlfriend, I went abroad but now you send people who are twenty-three years old, don't do any of these things and tell them divorce husband and wife"
6.5. "Is sexism violence? yes, definitely"!
6.6. "You become a mechanic, you lose your soul, you forget that you are human, in such a case, does the other person who forgets herself/himself remember other as person? I'm asking you"
6.7. " If the person has already been convicted by public, it is not always easy to decide on the contrary"

 CHAPTER 7
Discussion

REFERENCES