Kapütülasyonların Osmanlı-Türk adli ve idari modernleşmesine etkisi

Abstract

This study deals with the implications of capitulations from a legal perspective on the modernisation of Ottoman-Turco Justice and Administrative System through The purpose is to identify these implications of capitulations through their functions and concrete data. Thus, the relevant developments in many areas of law, such as commercial law, marine commercial law, international law, law on foreigners and nationality law, insurance law, land law, criminal law and procedural law, are examined. Furthermore, the implications of capitulations on the organisation of Ottoman-Turco justice and administrative system as well on the developments and changes of administrative principles, legislation process, transformation to the positive legal norms and ownership relationships are inspected. Consequently, in the light of capitulations, a questioning of modernisation from a legal perspective is conducted. It is expected that through the outcome revealed by this study concrete and technical evaluation of developments and changes occurred in the Ottoman-Turco legal system within the last two centuries can be possible. Moreover, it is believed that the study will contribute to the understating of many institutions passed to Turkey as the heritage of Ottoman Empire. In the course of the study, the method generally used in social sciences was engaged. Through this method a theoretical framework was adopted at the beginning, following which the data gathered from main and secondary sources was comparatively evaluated. Many original documents and cases were also examined in this course. Key words: Capitulations, Administrative and Judicial Modernisation, International Law, Jurisdiction, Legal status of Foreigners.