Trailblazers II: Emperor Justinian and Ahmet Cevdet Paşa Codification (or Bringing Order to Chaos) From Corpus Iuris Civilis to Mecelle (Mejelle)

Abstract

In any country, laws should not be expressed as complicated and ambiguous problems that can be understood by only a very narrow group. They should be clear and easily understood by the public and fully comprehended by the lawyers. This easy comprehension should be ensured not only in terms of language and style, but also in terms of the simplicity of the rules and the satisfaction of the real needs. So that the law can meet the needs of the mass and it is loved by the mass and both can converge. The law is always with us. Not only from the cradle to the grave, but before the birth and beyond death. Given the fact that law includes the accumulation of knowledge of centuries and knowledge is power, the importance of reaching legal content cannot be denied. Codification is the endeavour to make laws accessible and known to all, by organizing them in systematic texts. Therefore, it is important to look at its history of codification in order to see how the law and societies operate and change. In this article, we will examine the struggle to codify the traditional law, in order to bring it up to date to meet the requirements of changing times and also, to make it reachable, understandable and accessible for all. We shall look into two historical works: Corpus Iuris Civilis (canonized under the patronage of Emperor Justinian) and Mecelle (codified under the leadership of Ahmet Cevdet Pasa). Although the two works were realised by commissions, they were owed their existence to the will and leadership of one person; so it is important to know the times and personalities of the Emperor and Pasa, in order to understand and evaluate both texts.