Window-conflicts in the Ottoman Empire and Turkey: visual privacy, materiality and right to the city

This article focuses on the visual privacy rights as practised in the urban settings in the late Ottoman Empire (1850-70) and in contemporary Turkey (1980-2010). The analysis draws on the detailed examination of the legal conflicts on the overlooking windows between neighbouring houses in both periods. A hundred legal cases from the Ottoman context and 35 parallel cases from the last decades in Turkey were covered to understand the everyday practices of visual privacy and to compare them with the official privacy rules in the Ottoman and Republican contexts. First, the cases suggest that even today many citizens, including some lower court judges, confidently defend the urban right to be unseen from the neighbour's window despite the contrary decisions of the Supreme Court. Second, the in-depth analysis of the window-conflicts showed that the radical separation of the material world from the human world in both Islamic law and the Republican Civil Law was challenged by popular claims to visual privacy thanks to their exclusive focus on windows. It is argued that popular privacy rights were not about individual private space but about the urban built environment. Hence, windows were targets of the claims of the right to the city.