Geç Osmanlı'dan Erken Cumhuriyet'e Adlî Tıp ve Bilirkişilik

Abstract

Ottoman Empire fell behind the West in many fields due to the problems occurring because of traditional structure starting from the 17th century. This situation also required the change and transformation need and caused a comprehensive modernization movement. In this context, changes and transformations within the medicine and and law fields, which were the two significant aspects of the modernization of the Ottoman Empire, caused forensic medicine to be born. The first autopsy in the Ottoman Empire was performed in 1841 with permission from Sultan Abdülmecid, and just after this, Tıbb ı Kanuni lessons were started to be given in the Mekteb-i Tıbbiyye-i Adliyye-i Şâhâne. Synchronously with modern medical education, new penal codes entered into the force independently from Islamic law, and Nizamiye Courts were established to implement these laws. Medical examiners started to play a role as medical experts in courts with the preparation of necessary medical and legal infrastructure. Proofs obtained by medical experts by using scientific methods were significant for the course of the courts, and that is why forensic practices were constantly supervised and became a governing instrument of the rulership.Within the scope of this study, occurrence, improvement, and transformation of forensic medicine and medical expertise were examined using qualitative research methods between 1839 and 1926. This study is the first study comprehensively addressing forensic medicine, forensic psychiatry, forensic sciences, and medical expertise and creating holistic approach. Reflections of forensic medicine practices on daily life in the center and periphery were addressed by starting with the works, archive documents, journals, and memories written for doctor and judges in the aforementioned period. Besides, forensic psychiatry separation from forensic medicine and becoming a separate profession was examined with examples. Also, the development of criminalistic practices, which were playing a significant role in the control mechanism of the state and their roles in the forensic science were addressed. This study found that forensic medicine practices were first met with negative reactions, but later it had become an instrument used bu the people for their benefit. The history of forensic medicine included successes in the addition to failures. However, this did not reflect on the institutional historiography. Moreover, medical experts had difficulty making their decisions to be accepted even though they started to have roles in the court.