LAND, MARRIAGE, AND THE LAW IN TURKISH VILLAGES
In: International social science bulletin, Band 9, Heft 1
ISSN: 1014-5508
The informal system of soc control (morality, custom, etiquette, etc) is more fundamental to society than the formal legal system of the State (law): (1) it is indispensable to societal continuance; (2) it controls the bulk of everyday activities; & (3) it may make formal law unenforceable. Field work of several months in 1949 & 1952 in 2 villages of central Turkey provides the author with the knowledge that a number of factors makes the application of the existing laws concerning the inheritance & sale of land very difficult even though the laws are in theory roughly consistent with the informal rules. Since the villagers do not usually bring their disputes concerning the transfer of land to the courts, the formal legal system is relatively irrelevant. Registration of marriage is a legal necessity in Turkey. Though more than half of the marriages are unregistered, they are marriages in all but a legal sense. Some couples separate without obtaining a legal divorce & marry again. Polygamy is not allowed. Only 3 or 4 cases seemed to be in each village & in none of these cases did a man have more than 2 wives. In general, the new laws regarding marriage are in conflict with the informal rules & so are ignored. To be effective a legal system dare not introduce new laws totally or extensively inconsistent with the existing informal system. Soc reform through legislative means is not attainable by drastic, wholesale changes ordered by fiat. B. J. Keeley.