Sociological factors affecting the judicial decision making of judges in contentious cases in Turkey

The judicial decision-making process refers to the judge’s process of concluding a case. According to legal formalism, the judge decides based on legal rules in their decision- making processes. As opposed to legal formalism, legal realism argues that judges are affected by multiple factors in their judicial decision-making processes, such as their life, education, professional experiences, personal beliefs, etc. The research question is, what are the sociological factors that affect the judges’ judicial decision-making processes in controversial cases in Turkey? The significance of this research is that judiciary investigations study in the legal discipline framework. However, sociological studies on the judiciary in the international works are gradually gaining intensity. These studies enable to see human factor in the various dimensions of the judiciary. This dissertation aims to contribute to the developing interdisciplinary approach from sociology to jurisdiction. The qualitative research method was used in this study. The sample of this thesis is that judges who work in Turkey, and their ages are between 30 and 55. The study’s data were obtained by conducting in-depth interviews with ten judges and using the researcher’s semi-structured interview form. The collected data were analyzed by applying the content analysis method. The dissertation findings show that based on Bourdieu's theoretical perspective, class, family, education, and culture affect judicial decision making, but in addition to these factors, emotions, experiences, gender, workload, medya, social pressure factors also influence the judicial decision- making processes of the judges in Turkey.

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Eser Adı
(dc.title)
Sociological factors affecting the judicial decision making of judges in contentious cases in Turkey
Yazar [Asıl]
(dc.creator.author)
Bayır Oğuz, Arca Begüm
Yayın Tarihi
(dc.date.issued)
2023
Yazar Departmanı
(dc.creator.department)
Yeditepe University Graduate School of Social Sciences
Yazar Departmanı
(dc.creator.department)
Yeditepe University Graduate School of Social Sciences Master’s Program in Sociology
Özet Bilgisi
(dc.description.abstract)
The judicial decision-making process refers to the judge’s process of concluding a case. According to legal formalism, the judge decides based on legal rules in their decision- making processes. As opposed to legal formalism, legal realism argues that judges are affected by multiple factors in their judicial decision-making processes, such as their life, education, professional experiences, personal beliefs, etc. The research question is, what are the sociological factors that affect the judges’ judicial decision-making processes in controversial cases in Turkey? The significance of this research is that judiciary investigations study in the legal discipline framework. However, sociological studies on the judiciary in the international works are gradually gaining intensity. These studies enable to see human factor in the various dimensions of the judiciary. This dissertation aims to contribute to the developing interdisciplinary approach from sociology to jurisdiction. The qualitative research method was used in this study. The sample of this thesis is that judges who work in Turkey, and their ages are between 30 and 55. The study’s data were obtained by conducting in-depth interviews with ten judges and using the researcher’s semi-structured interview form. The collected data were analyzed by applying the content analysis method. The dissertation findings show that based on Bourdieu's theoretical perspective, class, family, education, and culture affect judicial decision making, but in addition to these factors, emotions, experiences, gender, workload, medya, social pressure factors also influence the judicial decision- making processes of the judges in Turkey.
Konu Başlıkları [Genel]
(dc.subject)
Contentious cases
Konu Başlıkları [Genel]
(dc.subject)
Judge
Konu Başlıkları [Genel]
(dc.subject)
Judicial decision making
Konu Başlıkları [Genel]
(dc.subject)
Sociological factors
Konu Başlıkları [Genel]
(dc.subject)
Türkiye
Konu Başlıkları [Genel]
(dc.subject)
Çekişmeli davalar
Konu Başlıkları [Genel]
(dc.subject)
Yargıç
Konu Başlıkları [Genel]
(dc.subject)
Adli karar alma
Konu Başlıkları [Genel]
(dc.subject)
Sosyolojik faktörler
Açık Erişim Tarihi
(dc.date.available)
2023-12-29
Açıklama [Genel]
(dc.description)
Final published version
Kayıt Giriş Tarihi
(dc.date.accessioned)
2023-12-29
Tanım Koleksiyon Bilgisi
(dc.description.collectioninformation)
This item is part of the preprint collection made available through Yeditepe University library. For your questions, our contact address is openaccess@yeditepe.edu.tr
Açıklama [Not]
(dc.description.note)
Note: This preprint reports new research that has not been certified by peer review and should not be used as established information without consulting multiple experts in the field.
Yayın Türü [Ortam]
(dc.format)
application/pdf
Tek Biçim Adres
(dc.identifier.uri)
https://hdl.handle.net/20.500.11831/8115
Dil
(dc.language.iso)
eng
Yayıncı
(dc.publisher)
Yeditepe University Academic and Open Access Information System
Haklar
(dc.rights)
Yeditepe University Academic and Open Access Information System
Erişim Hakkı
(dc.rights.access)
Open Access
Telif Hakkı
(dc.rights.holder)
Unless otherwise stated, copyrights belong to Yeditepe University. Usage permissions are specified in the Open Access System, and "InC-NC/1.0" and "by-nc-nd/4.0" are as stated.
Telif Hakkı Url
(dc.rights.uri)
http://creativecommons.org/licenses/by-nc-nd/4.0
Telif Hakkı Url
(dc.rights.uri)
https://rightsstatements.org/page/InC-NC/1.0/?language=en
Yayın Turu [Akademik]
(dc.type)
preprint
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