Change in the Ottoman Justice Thought: A Comparative Study in the Context of the Kanun-i Esasi and the US Constitution
AbstractThe historical aspect of justice is one of the main sources of reference to address current political issues. In historical justice studies, constitutional texts are special texts that offer the opportunity to understand the change in the idea of justice in a society through a comparative study. The provisions on the fundamental rights and freedoms set forth in the constitutions, as well as the constitutional opinions of the constitution, express the dimensions of the change in the idea of justice. In this presentation, the fundamental rights and freedoms in the Ottoman constitution and the fundamental rights and freedoms in the constitution of the US are compared. In the presentation, firstly the relevant articles in the Ottoman constitution are determined and compared with the relevant articles and provisions in the US constitution. As a result of the study, it was found that the concept of modern justice was based on both constitutional texts. Secondly, it has been concluded that the Ottoman Constitution (Kanun-i Esasi) contains basic definitions of fundamental rights and freedoms and the idea of justice. Finally, in the Ottoman Constitution, it is understood that the justice form in classical political thought has changed and instead it has been adopted a concept of justice seen in today's constitutions