Legal mentality in Tanzimat period: Criminal law and its codification (1838-1858)

This study investigates the criminal law mentality of the Tanzimat period. There are six penal codes enacted between 1838-1858. In the study, the sources of the mentality of these penal codes are analyzed. In addition, the principles of mentality and legal actors are discussed. The relationship between Sharia law and customary law has been mentioned. In the 18th century, the impact of the modern idea of law on classical Ottoman law was investigated. Thus, it is aimed to shed light on the criminal law mentality. In doing so, the procedural and linguistic features of the laws were taken into consideration. Attention has been paid to how crimes and punishments were defined and placed in the laws. As lawmakers, Sultan Mahmud II, Sultan Abdülmecid and Tanzimat bureaucrats were touched upon to the extent of their influence on the laws. In addition, the contributions and opinions of the ulema on this issue are included in the study. The aim of the study is to try to understand the criminal law mentality of Turkish modernization. In this way, the desire to establish a rule of law, centralization policies and the concern for survival will be better understood. It is believed that the criminal law mentality and the legalization process are conducive to this purpose. Archival documents, secondary sources and research works were used effectively in the study. Sensitivity has been shown in evaluating the concepts in the laws according to the context in which they are used.