The transformation of the concept of political justice in the Ottoman Empire during the Tanzimat period

This thesis examines the transformation of the concept of political justice in the Ottoman Empire during the Tanzimat Period. The historical period in focus begins with the declaration of the Tanzimat Edict in 1839 and ends with the examination of the period when the Kanun-i Esasi (Ottoman Constitution) was proclaimed, including an analysis of its text. Within this timeframe, historically significant documents and laws such as the Islahat Edict, Penal Codes, and Land Code are discussed in connection with the subject of the thesis. The Meclis-i Vala, established to achieve the political objectives of the Tanzimat, and subsequently the Meclis-i Tanzimat, which succeeded it, are analyzed within this framework. The thesis scrutinizes these developments in the Tanzimat period through the lens of the concepts of justice and equality. The concept of justice, a pivotal notion in the political structure of the empire, is studied in relation to the concept of equality, which became more visible during the Tanzimat period. These transformations are analyzed using an interdisciplinary approach. In this context, the thesis draws on political philosophy, law, and history to explain the transformation of the concepts of justice and equality. This thesis explores the transformation of the concepts of justice and equality during the Tanzimat period (1839–1876) in the Ottoman Empire through an interdisciplinary approach combining political philosophy, legal studies, and historical analysis. The central focus is the reinterpretation and application of these concepts within the Ottoman context, employing the philosophical frameworks of Aristotle and Hegel. The Tanzimat Edict of 1839 holds great symbolic importance in Ottoman history as a milestone in reform efforts. The Edict provided three political commitments to its subjects: the protection of life, property, and honor. These three fundamental rights were agreed upon across various political and legal traditions. Islamic legal tradition had long regarded these three rights as the most fundamental. Consequently, these rights have a deep-rooted history in the Ottoman Empire's political and legal tradition. The "circle of justice," which formed the foundation of the political system in the empire, considered the protection of these fundamental rights an inseparable part of the system's continuity. The welfare of the subjects depended on the unhindered realization of these rights. The Tanzimat period coincided with a time when the revolutionary movements in Europe had a strong influence. These revolutions embedded the rights of the individual-life, property, security, and freedom-as inseparable components of political and legal systems. The functioning of these three fundamental rights, integral to the Ottoman political and legal structure, became increasingly difficult for public authority to protect as the empire weakened. On the other hand, the spread of these three rights, driven by revolutions and declarations of human rights, in their modern natural rights form, coincided with the empire's difficult circumstances. Consequently, the Tanzimat aimed to make these three political and legal rights the cornerstone of its fundamental policy, seeking to restructure the state and establish public authority. One of the primary objectives of this thesis is to demonstrate, through multiple disciplines, how justice and equality transformed within the framework of these rights. To evaluate the subject from a political philosophy perspective, the concepts of distributive justice, corrective justice, rights, law, and subjective and objective rights were philosophically grounded, drawing on the works of Aristotle and Hegel. These concepts, conceptualized through philosophy, were applied to edicts, codes, and legal texts issued during the Tanzimat period. Aristotle's understanding of justice as a mean between extremes and his emphasis on proportionality align with the Ottoman administrative approach. His distinction between legal and ethical justice reveals the dual objective of legal modernization and moral renewal pursued by the Tanzimat. Aristotle's classification of distributive and corrective justice is adapted to the Ottoman practices concerning property rights, taxation, and criminal justice. Hegel's philosophy enriches the analysis by situating the Tanzimat in its dialectical historical development. His concept of the "objective spirit" provides a framework for understanding the Tanzimat's efforts to integrate individual and communal rights into a harmonious legal system. The study examines the Tanzimat reforms in a historical and philosophical context by comparing them with European milestones such as the 1776 Virginia Declaration of Rights and the 1789 French Declaration of the Rights of Man and Citizen. These documents introduced principles of natural rights and the rule of law, influencing the Tanzimat. The analysis explores how Ottoman reforms adapted these ideas to the empire's unique historical and cultural context. This comparison highlights the selective adaptation of Western legal principles, demonstrating both the opportunities and limitations of such appropriations. By examining how justice, equality, and legal reforms were conceptualized and implemented, the thesis aims to bridge the gap between traditional Islamic governance and modern legal-political structures. The implementation of the Tanzimat reforms faced significant challenges. The promise of equality and justice frequently clashed with the realities of a deeply stratified society and the traditional legal framework. The thesis addresses key tensions, such as the conflict between centralized authority and local autonomy, the integration of non-Muslim subjects into the legal system, and the reconciliation of Islamic and European legal norms. These challenges highlight the complexities of navigating a dual legal heritage while pursuing modernization. This thesis argues that the Tanzimat reforms represent a negotiation between tradition and modernity, universalism and particularism, and law and morality. By utilizing the philosophical frameworks of Aristotle and Hegel, it sheds light on the intellectual and practical dimensions of Ottoman legal modernization. The legacy of the Tanzimat lies in its efforts to reimagine justice and equality by integrating diverse legal, cultural, and philosophical traditions.