The Independence Tribunals of the early Republican era in Turkey are established during a period in which a modern legal system had not been formed in the Ottoman-Turk geography yet. They are “abnormal” state structures which were established by a statecraft that took over legal system of the ancient Ottoman regime as a heritage while going through extraordinary conditions such as the Salvation War, thus should be evaluated in terms of their historical periods. Although they were totally anti-democratic judiciary structures in that period, it is important to emphasize that in today’s modern Turkey of which is claimed it had reached to a Western-style democracy, justice and the judiciary system is still one of the basic problems of the state and society; and anti-democratic structures and laws are still effective. Thus, it is likely to explore that the Independence Tribunals as being anti-democratic judiciary structures which were established during the Salvation War and continued to their deeds during early Republican period are to be analyzed with an alternative research method such as dialectic. The basic idea of such a proposal which also serves as being the main aim of this research is the contradiction between the intensity of the debates regarding the affairs of the early Republican era and the weakness of the debates regarding methods used in analyzing those affairs. As a matter of fact, what lays behind dialectical method that this paper proposes as an alternative to historical positivism is a total contradiction between social sciences understanding and the evaluation philosophy of domestic relations of a state. In this study, this contradiction will be explored via historical presence of the Independence Tribunals in the early Republican era by using dialectic research method.
The Independence Tribunals, Early Republican Era, The Code of Treachery to the Motherland, The Law o