Public Preferences and Institutional Designs: Israel and Turkey Compared
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This book explores the existence of gaps between public preferences and institutional designs in democracies, and specifically cases in which such gaps are maintained for a long period of time without being challenged by the electorate. Gaps such as these can be seen in the complex relations between the state and religion in Israel and Turkey, and more specifically in their policies on marriage. This line of investigation is interesting both theoretically and empirically, as despite their poles apart policies, Israel and Turkey share a similar pattern of institutional dynamics. Existing explanations for this phenomenon suggested either civil society-based arguments or intra-institutional dynamics, as reasons for the maintenance of such gaps. This book enriches our understanding of policy dynamics in democratic systems by introducing a third line of argument, one that emphasizes the effective role state institutions play in maintaining such arrangements for long periods, often against the public will. Preface Acknowledgments Contents About the Author Abbreviations List of Figures Chapter 1: Enduring Gaps between Public Preferences and Institutional Designs Model of Sustaining Institutional Designs—State Institutions as Pro-Active Entities Case Selection—Comparing Israel and Turkey References Chapter 2: Conceptualizing Enduring Gaps between Public Preferences and Institutional Designs Gaps between Public Preferences and Institutional Designs: Two Schools Tactics Employed by Proactive Institutions to Prevent the Emergence of Societal Pressures References Chapter 3: Researching Enduring Gaps in Comparative Research: The Data, the Methods, and the Cases Defining the Population of the Study The Researched Time Period Data Collection Method: A Mixed Method Research A Primary Qualitative Phase A Secondary Quantitative Phase References Chapter 4: The Israeli Case: Israel’s Formation of Religious State Institutions The Critical Juncture of State Building Marriage Regulation in Israel—Seven Decades of Orthodox Monopoly Marriage Policy and the Knesset of Israel—A Religious Stagnation Parliamentary Questions as an Indicator for Political Zeitgeist Conclusion References Chapter 5: The Israeli Case: The Lack of Societal Pressure to Modify the Religious Marriage Policy Public Opinion on Marriage Policy Existing Public Opinion Surveys The 2016 Public Opinion Survey on Marriage Policy Lack of Societal Pressure to Modify Existing Marriage Policy The Lack of Societal Pressure: Narratives in Newspaper Representation Thematic Clusters in Published Articles Between 1948–2015 Conclusion References Chapter 6: The Israeli Case: The Use of Institutional Pressure Relief Valves Utilization of Pressure Relief Valves Mapping Existing Pressure Relief Valves Official Pressure Relief Valves Moderate Legal-Orthodox Ceremonies: The ‘Tzohar Rabbis Organization’; A Refined Modern Zionist-Orthodox Association Options Established by Judicial Precedents: Civil Marriage Ceremonies Held Abroad Options Established by Judicial Precedents: Common-law Partners Status Contractual Marriage Agreements Conducted by Lawyers Domestic Union Cards™ Issued by the ‘New Family’ NGO De Facto Cohabitants (with No Legal Documentation) The Matrimonial Partnership Law for the Religion-less Complimentary Spiritual Pressure-Reducing Mechanisms Grassroot Underground Orthodox Marriage Ceremonies (Within the Orthodoxy, Without the Orthodox Establishment) Spiritual Wedding Ceremonies by NGOs Spiritual-Jewish Marriage Ceremonies by the Liberal Movements to Judaism The Traditional (Masorti) Foundation for Conservative Judaism in Israel The Israel Movement for Reform and Progressive Judaism (IMPJ) Spiritual-Jewish Marriage Ceremonies by Secular NGOs Tkasim: A Portal of Jewish Secular Rites Havaya: An Israeli Ceremony Popularity of Pressure Relief Valves Conclusion References Chapter 7: The Turkish Case: Turkey’s Formation of Secular State Institutions The Critical Juncture of State Building Marriage Regulation in the Turkish Republic—Seven Decades of Civil Monopoly Marriage Policy and the Turkish Grand National Assembly25 (TBMM)—a Civil Stagnation Parliamentary Questions as an Indicator for Political Zeitgeist Conclusion References Chapter 8: The Turkish Case: The Lack of Societal Pressure to Modify Secular Marriage Policy Public Opinion on Marriage Policy Existing Public Opinion Surveys The 2016 Public Opinion Survey on Marriage Policy Lack of Societal Pressure to Modify Existing Marriage Policy The Lack of Societal Pressure: Narratives in Newspaper Representation Thematic Clusters in Published Articles Between 1950 and 2015 Conclusion References Chapter 9: The Turkish Case: The Use of Institutional Pressure Relief Valves Utilization of Pressure Relief Valves Mapping Existing Pressure Relief Valves Official Pressure Relief Valves Periodical Child Registration The EU Membership Negotiations and the Civil Code Reform of 2002 Court’s Overlooking of the Criminal Sanction Court Rulings on Matters of Civil Law Feminist NGOs Encouraging Civil Marriage in the Name of Equal Rights Encouragement Mechanisms for Civil Marriage Civil Marriage Conducted by Religious Representatives Complimentary Spiritual Pressure Reducing Mechanisms Conducting Two Marriage Ceremonies; an Official Civil Ceremony, and a Symbolic Religious Ceremony Popularity of Pressure Relief valves Conclusion References Chapter 10: Conclusion References Index
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