Transition to Modern Attorneyship Profession During the Republican Era, Discussions in the Turkish Grand National Assembly (TBMM), and Criticisms Regarding Today
The Ottoman Empire, within the constraints of its own circumstances, made reasonable efforts to modernize the profession of “legal representative for the case” existing under the term “attorneyship for being party in the case/hearing” in Islamic Law. In this regard, the Regulation on Legal Represent...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Istanbul University Press
2024-08-01
|
| Series: | İstanbul Hukuk Mecmuası |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/31A1E7C2ABAC48D18803828415D880C9 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849311719092912128 |
|---|---|
| author | Mustafa Okan Yağcı |
| author_facet | Mustafa Okan Yağcı |
| author_sort | Mustafa Okan Yağcı |
| collection | DOAJ |
| description | The Ottoman Empire, within the constraints of its own circumstances, made reasonable efforts to modernize the profession of “legal representative for the case” existing under the term “attorneyship for being party in the case/hearing” in Islamic Law. In this regard, the Regulation on Legal Representatives for the Case of Regulatory/Nizamiye Courts dated 1875, the first regulatory framework related to the legal profession, holds the status of being the foundational regulation for the profession of advocacy in the Turkish legal system. When the Turkish Republic era was reached, the prevailing view was that the profession of legal representative for the case was inadequate, and there was a need to create a new one. In this context, Attorney’s Act numbered 460 was enacted within the ongoing judicial reform efforts. The consensus that has been present since the Ottoman period on the fundamental solutions outlined in the Attorney’s Act has led to debates in the Grand National Assembly of Türkiye focusing more on secondary issues. These issues include the duration and form of the internship required to be eligible for the profession of attorneyship, whether graduation from a law school is a prerequisite for practicing as an attorney, and whether the terms “muhami/muhamat” which means “protector”, are suitable for the newly established profession. In this study, I will first examine the development of the attorneyship profession in the Ottoman Empire. Subsequently, I will discuss the regulations introduced by the Attorney’s Act and the debates held in the Parliament, drawing connections to today’s perspective. |
| format | Article |
| id | doaj-art-9966a5f53ee04af39d030a81b7e7c974 |
| institution | Kabale University |
| issn | 2667-6974 |
| language | English |
| publishDate | 2024-08-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| spelling | doaj-art-9966a5f53ee04af39d030a81b7e7c9742025-08-20T03:53:18ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742024-08-0182264767010.26650/mecmua.2024.82.2.0009123456Transition to Modern Attorneyship Profession During the Republican Era, Discussions in the Turkish Grand National Assembly (TBMM), and Criticisms Regarding TodayMustafa Okan Yağcı0https://orcid.org/0000-0001-5859-3775Piri Reis Üniversitesi, Istanbul, TurkiyeThe Ottoman Empire, within the constraints of its own circumstances, made reasonable efforts to modernize the profession of “legal representative for the case” existing under the term “attorneyship for being party in the case/hearing” in Islamic Law. In this regard, the Regulation on Legal Representatives for the Case of Regulatory/Nizamiye Courts dated 1875, the first regulatory framework related to the legal profession, holds the status of being the foundational regulation for the profession of advocacy in the Turkish legal system. When the Turkish Republic era was reached, the prevailing view was that the profession of legal representative for the case was inadequate, and there was a need to create a new one. In this context, Attorney’s Act numbered 460 was enacted within the ongoing judicial reform efforts. The consensus that has been present since the Ottoman period on the fundamental solutions outlined in the Attorney’s Act has led to debates in the Grand National Assembly of Türkiye focusing more on secondary issues. These issues include the duration and form of the internship required to be eligible for the profession of attorneyship, whether graduation from a law school is a prerequisite for practicing as an attorney, and whether the terms “muhami/muhamat” which means “protector”, are suitable for the newly established profession. In this study, I will first examine the development of the attorneyship profession in the Ottoman Empire. Subsequently, I will discuss the regulations introduced by the Attorney’s Act and the debates held in the Parliament, drawing connections to today’s perspective.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/31A1E7C2ABAC48D18803828415D880C9the law of attorneyshipattorneyship professionlegal representative for the caselegal representationjudicial reforms i̇n türkiyeattorney’s act numbered 460regulation on legal representatives for the case of regulatory/nizamiye courts dated 1875 |
| spellingShingle | Mustafa Okan Yağcı Transition to Modern Attorneyship Profession During the Republican Era, Discussions in the Turkish Grand National Assembly (TBMM), and Criticisms Regarding Today İstanbul Hukuk Mecmuası the law of attorneyship attorneyship profession legal representative for the case legal representation judicial reforms i̇n türkiye attorney’s act numbered 460 regulation on legal representatives for the case of regulatory/nizamiye courts dated 1875 |
| title | Transition to Modern Attorneyship Profession During the Republican Era, Discussions in the Turkish Grand National Assembly (TBMM), and Criticisms Regarding Today |
| title_full | Transition to Modern Attorneyship Profession During the Republican Era, Discussions in the Turkish Grand National Assembly (TBMM), and Criticisms Regarding Today |
| title_fullStr | Transition to Modern Attorneyship Profession During the Republican Era, Discussions in the Turkish Grand National Assembly (TBMM), and Criticisms Regarding Today |
| title_full_unstemmed | Transition to Modern Attorneyship Profession During the Republican Era, Discussions in the Turkish Grand National Assembly (TBMM), and Criticisms Regarding Today |
| title_short | Transition to Modern Attorneyship Profession During the Republican Era, Discussions in the Turkish Grand National Assembly (TBMM), and Criticisms Regarding Today |
| title_sort | transition to modern attorneyship profession during the republican era discussions in the turkish grand national assembly tbmm and criticisms regarding today |
| topic | the law of attorneyship attorneyship profession legal representative for the case legal representation judicial reforms i̇n türkiye attorney’s act numbered 460 regulation on legal representatives for the case of regulatory/nizamiye courts dated 1875 |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/31A1E7C2ABAC48D18803828415D880C9 |
| work_keys_str_mv | AT mustafaokanyagcı transitiontomodernattorneyshipprofessionduringtherepublicaneradiscussionsintheturkishgrandnationalassemblytbmmandcriticismsregardingtoday |