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Mahmut Esat Bozkurt (1892 – 21 December 1943) was a Turkish jurist, politician, government minister and academic. His birth name was Mahmut Esat. But after the adaptation of the Turkish
Surname Law Surname law can refer to any law regulating the use of surnames. Canada From 1941 to 1978, the Government of Canada issued disc numbers to identify Inuit in their records. In the mid-1960s Project Surname began, and, headed by Abe Okpik, Inuit ...
in 1934, he chose the surname ''Bozkurt'' in remembrance of the
Grey Wolf The wolf (''Canis lupus''; : wolves), also known as the gray wolf or grey wolf, is a large canine native to Eurasia and North America. More than thirty subspecies of ''Canis lupus'' have been recognized, and gray wolves, as popularly ...
, a symbol for Turkdom. The surname also refers to the Turkish steamer ''S.S. Bozkurt'' in the
Lotus case The ''Lotus'' case concerns a criminal trial which was the result of the 2 August 1926 collision between the S.S. ''Lotus'', a French steamship, steamer, and the S.S. ''Bozkourt'', a Turkish steamer, in a region just north of Mytilene (Greece). ...
. He was in the intellectual environment of the Turkish Hearths for almost two decades. Kieser, Hans-Lukas (2006).   Kieser, Hans-Lukas (ed.).p.24


Life

Mahmut Esat was born to Hasan Bey of Hacı Mahmutoğulları in
Kuşadası Kuşadası () is a large resort town on Turkey's Aegean coast, and the center of the seaside district of the same name within Aydın Province. Kuşadası is south of İzmir, and about from Aydın. The municipality's primary industry is tour ...
,
Aydın Vilayet The Vilayet of Aidin or Aydin ( ota, ولايت ايدين, translit=Vilâyet-i Aidin, french: vilayet d'Aïdin) also known as Vilayet of Smyrna or Izmir after its administrative centre, was a first-level administrative division (vilayet) of the ...
during the
Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
era in 1892. His family came to Kuşadası from Mora as refugees because of the Greek uprising. His father, Hasan Bey, became mayor of Kuşadası in 1900. He finished the idadi (high school) in
İzmir İzmir ( , ; ), also spelled Izmir, is a metropolitan city in the western extremity of Anatolia, capital of the province of the same name. It is the third most populous city in Turkey, after Istanbul and Ankara and the second largest urban aggl ...
in 1908. The same year he entered the Istanbul University's School of Law, from which he graduated in 1912. He traveled to
Fribourg , neighboring_municipalities= Düdingen, Givisiez, Granges-Paccot, Marly, Pierrafortscha, Sankt Ursen, Tafers, Villars-sur-Glâne , twintowns = Rueil-Malmaison (France) , website = www.ville-fribourg.ch , Location of , Location of () () ...
, Switzerland for further studies. He completed his doctorate thesis ''Du régime des capitulations ottomanes'' ("On the
Capitulations of the Ottoman Empire Capitulations of the Ottoman Empire were contracts between the Ottoman Empire and other powers in Europe, particularly France. Turkish capitulations, or Ahidnâmes were generally bilateral acts whereby definite arrangements were entered int ...
") with ''summa cum laude'', "highest honor" at the
University of Fribourg The University of Fribourg (french: Université de Fribourg; german: Universität Freiburg) is a public university located in Fribourg, Switzerland. The roots of the university can be traced back to 1580, when the notable Jesuit Peter Canisi ...
. In
Lausanne , neighboring_municipalities= Bottens, Bretigny-sur-Morrens, Chavannes-près-Renens, Cheseaux-sur-Lausanne, Crissier, Cugy, Écublens, Épalinges, Évian-les-Bains (FR-74), Froideville, Jouxtens-Mézery, Le Mont-sur-Lausanne, Lugrin (FR ...
, he served as the leader of the Turkish Student Association. As such he worked closely with Şükrü Saraçoğlu, then a leader of the Turkish society in
Geneva , neighboring_municipalities= Carouge, Chêne-Bougeries, Cologny, Lancy, Grand-Saconnex, Pregny-Chambésy, Vernier, Veyrier , website = https://www.geneve.ch/ Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevr ...
. In June 1919, after
Greek landing at Smyrna The Greek landing at Smyrna ( el, Ελληνική απόβαση στη Σμύρνη; tr, İzmir'in İşgali, Occupation of İzmir) was a military operation by Greek forces starting on May 15, 1919 which involved landing troops in the city of S ...
, he returned home to join the nationals in the
Turkish War of Independence The Turkish War of Independence "War of Liberation", also known figuratively as ''İstiklâl Harbi'' "Independence War" or ''Millî Mücadele'' "National Struggle" (19 May 1919 – 24 July 1923) was a series of military campaigns waged by th ...
. He secretly traveled in an Italian ship together with Saraçoğlu. The ship was also carrying ammunition to the Italian occupation troops in Anatolia. Although he was arrested by the Italians, he managed to escape.


Politics

He became a member of the
Turkish parliament The Grand National Assembly of Turkey ( tr, ), usually referred to simply as the TBMM or Parliament ( tr, or ''Parlamento''), is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Consti ...
established on 23 April 1920 and held this post up to his death in 1943. Before the proclamation of the Republic and in the
4th cabinet of the Executive Ministers of Turkey The 4th cabinet of executive ministers of Turkey (12 July 1922- 4 August 1923 ) was the fourth government formed by the nationalists during the Turkish War of Independence. The Republic was not yet proclaimed and the government was called ' ("cabin ...
, he was appointed Minister of Economy in 1922. Kieser, Hans-Lukas (2006).   Kieser, Hans-Lukas (ed.).p.23 As Minister of Economy, he attempted to alleviate the financial situation for the farmers and together with the leader of the Nationalist Movement Mustafa Kemal advocated for the Turkification of the Turkish economy at the First Economic Congress in Izmir. He held this post in the 5th cabinet of the Executive Ministers of Turkey up to 24 September 1923.After the Republic was proclaimed on 29 October 1923, he was elected a deputy of
İzmir İzmir ( , ; ), also spelled Izmir, is a metropolitan city in the western extremity of Anatolia, capital of the province of the same name. It is the third most populous city in Turkey, after Istanbul and Ankara and the second largest urban aggl ...
and served as
Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
in the 3rd, 4th and the 5th government of Turkey between 22 November 1924 – 27 September 1930.


Minister of Justice

As Minister of Justice, he was member of the Reform Council for the East () who prepared the Report for Reform in the East () which recommended to resettlement of the Kurds and the prohibition of non-Turkish languages. It was Mahmut Esat, who introduced the
Swiss Civil Code The Swiss Civil Code (SR/RS 210, german: Schweizerisches Zivilgesetzbuch (ZGB); french: Code civil suisse (CC); it, Codice civile svizzero (CC); rm, Cudesch civil svizzer) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Pr ...
in Turkey in 1926. Mahmut Esat is known as the progenitor of
Turkish civil code Turkish civil code ( tr, Türk Medeni Kanunu) is one of the earliest laws in the history of Turkey within the scope of Turkish reforms. Background During the Ottoman Empire, the legal system of Turkey was Sharia like other Muslim countries. A co ...
. The preamble of the code written by Mahmut Esat is considered to reflect the philosophy of Turkish Revolution. Parallel to being a Minister of Justice he was teaching at the
Kemalist Kemalism ( tr, Kemalizm, also archaically ''Kamâlizm''), also known as Atatürkism ( tr, Atatürkçülük, Atatürkçü düşünce), or The Six Arrows ( tr, Altı Ok), is the founding official ideology of the Republic of Turkey.Eric J. Zurche ...
lesson History of the Revolutions at the Ankara University since 1925.


''Lotus'' case

Mahmut Esat was also known by his struggles in an international trial named the ''Lotus'' case. On 2 August 1926, a French steamship named S.S. ''Lotus'' collided on high seas with the Turkish steamer S.S. ''Boz-Kourt'' causing the death of eight Turkish seamen. As the lieutenant on watch duty of the French vessel was arrested by the Turkish government, French government accused Turkey in the
Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several cent ...
claiming that Turkey had no right to arrest any French person. The French side was represented in court by the renowned law professor
Jules Basdevant Jules Basdevant (April 15, 1877 – March 17, 1968 in Anost) was a French law professor. He was born in Anost, Saône-et-Loire, a village in the Parc naturel régional du Morvan about halfway between Paris and Lyon in eastern France. After o ...
. Mahmut Esat personally defended the Turkish position in court. The court rejected France's position.


Political views

Regarding women's rights, he rejected
polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is ...
, the
muslim veil A veil is an article of clothing or hanging cloth that is intended to cover some part of the head or face, or an object of some significance. Veiling has a long history in European, Asian, and African societies. The practice has been prominent i ...
or privileges for a man when it comes to divorce. He was a fierce advocate of Turkishness and equated the Kemalist policies as similar to the Italian fascism of Benito Mussolini and in 1930 he claimed absolute superiority of the Turkish race, saying, "I believe that the Turk must be the only lord, the only master of this country. Those who are not of pure Turkish stock can have only one right in this country, the right to be servants and slaves." He was a member of the environment of the Turkish Hearths since his times in Switzerland.


Later years

After resigning from the post of Justice Minister, he kept on working at the Ankara University, for which he became a professor and taught
International law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
at the Law School and
Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
at the Faculty of Political Science. He authored the books ''Lotus Davasında Türkiye-Fransa Müdafaaları'' (1927), ''Türk İhtilalinde Vatan Müdafaası'' (1934), ''Türk Köylü ve İşçilerinin Hakları'' (1939), ''Devletlerarası Hak'' (1940), ''Atatürk İhtilali'' (1940) and ''Aksak Timur’un Devlet Politikası'' (1943). He died from intracerebral hemorrhage in
Istanbul ) , postal_code_type = Postal code , postal_code = 34000 to 34990 , area_code = +90 212 (European side) +90 216 (Asian side) , registration_plate = 34 , blank_name_sec2 = GeoTLD , blank_i ...
on 21 December 1943.


Works

* ''Lotus Davasında Türkiye-Fransa Müdafaaları'' (1927) ("The Defenses of Turkey-France in the ''Lotus'' Case") * ''Türk İhtilalinde Vatan Müdafaası'' (1934) ("Defense of Motherland in the Turkish Revoluiton") * ''Türk Köylü ve İşçilerinin Hakları'' (1939) ("Rights of the Turkish Peasant and Workers") * ''Devletlerarası Hak'' (1940) ("
International Law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
") * ''Atatürk İhtilali'' (1940) (" Atatürk's Revolution") * ''Aksak Timur’un Devlet Politikası'' (1943) ("State policy of Timur the Lame")


References

{{DEFAULTSORT:Bozkurt, Mahmut Esat 1892 births People from Kuşadası Istanbul University alumni Istanbul University Faculty of Law alumni University of Fribourg alumni Republican People's Party (Turkey) politicians Deputies of Izmir Ministers of Economic Affairs of Turkey Ministers of Justice of Turkey Academic staff of Ankara University Turkish nationalists Pan-Turkists 1943 deaths