Changing Dynamics in Turkish Law During the Modernization Process

M. Balkan Demä°rdal

Fiscaoeconomia, 2024, issue 2

Abstract: In the 17th century, the Enlightenment movement, which had an influence on Western thought, gave rise to the modernism movement, which became influential in Western civilizations. As a result, the theory of legal positivism emerged within capitalist societies. In the modern world, to ensure stability and determinacy, a system was established where individuals are expected to perform their duties like the gears of a clock, free from abnormal behavior and reactions. This system was based on classical legal positivism and the codifications made with casuistic logic, which pushed metaphysical concepts out of the realm of law. This understanding that emerged in the Western world also quickly made its impact in the Eastern world during the 17th and 18th centuries. In this context, the Westernization movement gained momentum in the Ottoman Empire, and changes began in the field of law. Especially with the collapse of the Ottoman Empire and the subsequent Republic era, Turkish law largely moved away from traditional understanding and fell under the influence of modern positivist legal thought. The Tanzimat era and the subsequent Constitutional era were times of significant reforms in the field of law. With the Republic era, the process of codification gained momentum, and a complete departure from tradition was realized. In this process, Turkish law underwent fundamental changes under the influence of modern positivist legal thought. This study will first examine the changing mindset and consequences in the Ottoman legal system due to the influence of Westernization, and then discuss the principles of the modern legal system that emerged as a result of the departure from tradition during the Republican era.

Keywords: Modernism; Legal Positivism; Westernism; Legalization (search for similar items in EconPapers)
JEL-codes: K10 N45 (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:fis:journl:240223

DOI: 10.25295/fsecon.1472739

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