Osmanlı Devleti’nde Adli Modernleşme: Tanzimat Döneminde Dava Vekilliği (Avukatlık) Ve Baronun Ortaya Çıkışı
The Judicial Modernization in the Ottoman State: Lawyer (Advocacy) in Tanzimat Era and Emergence of Bar Association

Summary/Abstract: The justice system, which was organized in accordance with the religious and customary rules of the Ottoman Empire, evolved in a new direction based on the principle of “no crime and punishment without law” in the Tanzimat Era and the legislative movements of the same period were shaped according to this new orientation. With this orientation, the kadi, the practitioner of justice, was replaced by lawyers, prosecutors and judges following there quirements of secular legal regulations. Thus, a new profession and the term "lawyer" emerged in the Ottoman State law. Lawyers needed to go through certain stages in order to evolve in to the level of an attorney as we know today. In the first legal arrangements, the conditions of becoming a lawyer together with their duties, rights and responsibilities were determined and the advocacy became a professional occupation. Moreover, in order to put these regulations in to practice, arrangements were made regarding the training and organization of the proxies. Hence, the foundations of the profession of a lawyer were laid out. This paper will address the importance of the formation of advocacy as a profession and vocational education and organization of lawyers in the Ottoman Empire. In addition, it will seek the answer the question of if the profession of a lawyer really existed in the Ottoman State.

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