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DOI: 10.7596/taksad.v6i4.1094
Citation:
Dolunay, A., & Keçeci, G. (2017). Multidisciplinary Assessment of Citizenship Approach in Modern Law and Problem of “Denaturalisation” on the Basis of Law and Communication. Journal of History Culture and Art Research, 6(4), 14-39. doi:http://dx.doi.org/10.7596/taksad.v6i4.1094
 
Multidisciplinary Assessment of Citizenship Approach in Modern Law and Problem of “Denaturalisation” on the Basis of Law and Communication
Ayhan Dolunay
1
*, Gökçe Keçeci
2
 Abstract
Through the provision of general definition for the concepts of “modernisation” with many dimensions and “law”
1
 as there is no main consensus on the doctrine, our study discussed the concept of “modern law” reached through the related impacts” and addressed the issue of “denaturalisation”, which is defined as “against the modern law system” in the field of “cizitezenship law” as one of the modern law domains covering various concepts within, and is not under the scope of European Convention on Nationality and Turkish Law, however is covered under the applicable citizenship law of the Turkish Republic of Northern Cyprus and under the new law on citizenship aiming the revision of existing law and elaborated that the related issue is not only constitute a question of law but also with another significant aspect harms the communication and relationship between state-individual and state and other states/international organizations. Consequently, our study delivered concrete proposals to eliminate/prevent the divergences caused by the relevant organisation regarding the legal, communication and other domains of social sciences.
Keywords:
Modern law, Citizenship, Denaturalisation, Legal, Communicative, Multidisciplinary.
1
 Corresponding Author, Near East University, Legal Advisor and Lecturer of Faculty of Communication, Member of Communication Research Center, Nicosia, TRNC. E-mail: ayhan.dolunay@neu.edu.tr
2
 Near East University, Dean of Faculty of Communication, Head of Communication Research Center, Assoc. Prof., Nicosia, TRNC.
Journal of History Culture and Art Research (ISSN: 2147-0626)
Tarih Kültür ve Sanat Araştırmaları Dergisi
Vol. 6, No. 4, September 2017
 
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Introduction
The legal dimension of our study analysing the modernisation, modern law and problem of denaturalisation in relation with the citizenship law as a modern law based on the “Turkish Law” and “Cypriot Turkish law” in comparison with the analysis of European Convention of  Nationality, and the communication dimension in terms of “deterioration” the relationship of state-individual would be argued
only
within the framework of communication/relationship  between the Cypriot Turkish state and Cypriot Turkish citizens and regardless of being an unrecognised state, the state of TRNC and other states and international organisations in consequence of not making any amendment on the Cypriot Turkish Law and in the draft law regardless the amendments on the European Convention of Nationality and Turkish Law. The European Convention on Nationality is considered as a primary text within the domain of citizenship law and with the approach of Montesque should be “
in compliance with the size, geographical location, climate, soil quality of country, basic occupations of community as  farmer, hunter of shepherd, degree of liberty under the constitution, religion, tendencies, wealth, population, business life, education and upbringing, and traditions and customs of a community”
 (Gürkan, 1988: 15).
 
This approach recognised as a basis cannot be avoided. However, concerning the modern legal system, such system has also various requirements. Therefore, a concern referred as “out-dated” in general may be subject to criticism as being regulated under the Cypriot Turkish Law. The study, in which the content analysis method will be used as the “law analysis” in terms of analysing the related legal regulations, will be considered as a field research through covering the criticism regarding the existing and potential issue/issues in terms of communicative and sociological aspects. Thus, for expressing/reiterating with a single sentence, the
main aim
of this study is to identify and/or underline the legal problem of denaturalisation in terms of Turkish Cypriot Community, and propose solutions for the issue that damages and would possible continue to damage the relations between state-individual and state-international organisations.
I.
 
General Aspect A.
 
Theoretical Framework
The article utilizes such disciplines of the social sciences indicated below in the order of weight given them:
 
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Criminal Law, Communication Science, History of Law, Human Rights, Jurisprudence, Legal Philosophy, Moral Philosophy: Political Philosophy, International Law, International  Relations, Private International Law: Citizenship Law, Sociology
.
 
In consideration with the main framework given above (1
st
 note), the jurisprudence on the  basis of “Denaturalisation” – private international law was regulated by the citizenship law and with regard to the identification of legal status of society and therefore individual, as the headstone of society, it is within the domain of legal philosophy
that analyse the existing situation rather than the tone in society;
and is under the scope of human rights with the approach that
statelessness would impose a violence to the human rights;
through the interpretation of denaturalisation as a “
 penal”
 practice and that the denaturalisation covers the spouse and child/children if any under YKYY (TRNC Draft Law of Citizenship), the issue is under the scope of penal law – 
with limitation –
with regard to the idea of “
being against the  fundamental principle of individual criminal responsibility”.
 Additionally, prior to claiming “a contradiction” of the concept of denaturalisation to the citizenship law system, which is under the modern law system, a historical assessment should be conducted to form a basis at the level of “modern law” and express the difference of “modern law” from the previous legal system, and consequently the history of law sets light to the subject of study. The
impact of 
 denaturalisation
caused/to be caused on the communication/relation between state/individual
given in the study intersects at the point
2
 of
regulating
individual relations/interactions within the scope of communication as well as
state-individual communication/relations with the rules of law;
the matter in hand has the nature of being a “main” communication study through its dimension. Therefore there is a requirement to analyse in detail from the perspective of communication science. On the other hand, since there is a possibility that at the level of state-individual relationship,
a social problem
may arise in case of denaturalisation of too many individuals with acquired citizenship from the much narrow aspect or in relation with different subjects, the frequent denaturalisation of different individuals, and from much general aspect
regulation the social relations via legal arrangements
 (Bahar 2009: 182) and through the related legal arrangements
there is a regulation/regulations towards the society are matters of fact,
the issue is covered under sociology. Moreover, the political philosophy
analysing the relations of political authority (state)- individual and activities of political authority (state) directly
covers the issue. Since “denaturalisation” is against the modern citizenship understanding as well as being “penal” and “out-dated” practice, the issue becomes a part of international relations with the
 
17 fact that the relations of state with other states and international human rights organisations-institutions are deteriorated in the event of statelessness of an individual; and since TRNC as the relevant state in question is an unrecognised state, there is a necessity to refer the international law regarding the extend of relations with the international legal organisations-institutions and the points to be damaged. In consideration with the given explanations, there is a “requirement” and “aim” to perform an interdisciplinary analysis through using the disciplines which was given. In this study, related regulations legislated was analyzed via method of law analysis and the data about all the given disciplines was analyzed via method of content analysis.
B.
 
The Concept of “Modernisation”
The concept of
“modern”
is srcinated from the French word
moderne
(contemporary, up-to-date)
 
cited from the Latin word – 
modernus-
(appropriate and duly). The word
modernus
is srcinated from the Latin word
modus
(style, mode, size) (Origin of the Word Modern, n.d.)
 
On the other hand, the concept of “
modernisation”
had the meaning of changes in the field of
the secular idea and rational thinking,
leaving the dictation of western beliefs/liberation until XVII. Century (Ulusoy 2015: 514). In the following period (from the end of XVII. Century until now), the level of western countries as the
level of science and technology “
growth” is used with the concept of
westernization”
in other words the adoption of western idea (Atakul, n.d.)
 “Modernization”
was first used in the 5
th
 century to define “the Christian world” independent from the “Roman and Pagan” history. The theory of modernising was introduced by the American social scientists and/or social scientist living in America. Such theory means the idea of “social change” accepting that the communities around the world may be “modernised” through taking the west as a model. On the other hand, the modernization may vary between the eastern and western societies even within the eastern and western societies independently; however, they all find a common ground at "building the new human" (Ulusoy, 2015: 517). Therefore, the concept of modernisation as can be noted as “a theory to change and develop” is based on the approach indicating that the communities require
a cultural and social
“change” in order to reach modern economic development. There are
three
main type/dimension of modernisation:
 
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Political modernisation:
a type of modernisation covering the “key concepts” gathered at the participatory decision-making as political party, parliament, right to vote and stand for election etc.
 
Socio-Cultural Modernisation:
a type of modernisation, which is cultural from the aspects of “secularism” and nationalism”; and social from the aspects of improvement in literacy, urbanisation process, increasing weakening of absolute authorities etc.
 
 Economic Modernisation
: Different from “the Industrialisation”, a type of modernisation covering division of labour integrating and growing with rising economic changes, use of management techniques, technological development, enhancement of business skills etc. Regardless, the modernisation is not a concept that only embody itself under the three headings given, it also had many impacts in various fields and created concrete outcomes. Therefore, one of the fields that the modernisation had an impact on is “law”, which has a significant role in terms of the subject of this study. It should be noted that the significance of the relation between modernisation and law stands out with the formal rules in terms of society towards regulating and leading human relations. Together with the change, the legislator acts in a more “conscious” norm determination way. As stated by the Habernas, prior to creating norms through adjudication, the rules applicable in the community in an informal way become legal norms (Yüksel, 2002: 185).  No doubt that life under the state sovereignty would not be possible without “law. Particularly the state, law surrounding the social living spaces build a foundation suitable for moral rules and judgments (Yüksel, 2002: 186).
C.
 
Concept of “Law”
The concept of “law” that express various components in daily life is srcinated from the word “
right”
within the framework of “jurisprudence” and the way it is used in our study and means the meaning of "rights" as the plural version of the relevant term. Within the framework of such use, there is no consensus at the doctrine level regarding the definition of “law”; there are different proposals regarding the definition as can be understood with no consensus.
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