Mustafa Yaylali

Department of Law, Istanbul Sehir University

Mustafa Yaylali is appointed as an Assistant Professor in Legal sociology and philosophy at Istanbul Şehir University (Istanbul, Turkey). He earned his Law degree at the University of Maastricht (Maastricht, the Netherlands) (European Law School LLM) and followed another additional LLM program in European Legal Theory at the Academy of European Legal Theory (Brussels, Belgium). After having completed his Master program he pursued a PhD Program in Political Theory at the University of LUISS Guido Carli (Rome, Italy).

Email: yaylali.mustafa@gmail.com

Values, law and “discursive theory”: how the politicization of values triggers individualization in society. By M. Yaylali

Abstract: In this paper I want to claim that “politicization of values” will lead to individualization in society, in the long run, and further that this process will amount to a more personal form of legislation. Looking at the example of Turkey, I will employ Habermas’ theories of "communicative action” and “discursive law”, in order to explain how this process is taking place. My main claim is that the theory of communicative action explains how allowing values to be manifested in the public sphere leads to the rationalization of those values, and subsequently to individualization within the society.

Keywords: hybridity, Habermas, Turkey, values, rights.

Mustafa Yaylali

Department of Law, Istanbul Sehir University