Oversight in the Ottoman State Tradition

The fundamental motivation that sustains a sense of justice is accountability through oversight. When the sense of justice is undermined, individuals may come to regard the commission of crimes and irregularities as justified, leading in turn to moral erosion and social decay. In societies where no system of oversight exists, or where supervisory mechanisms are not operated adequately and in accordance with proper procedures, public trust in justice rapidly deteriorates. Based on this reality, the Ottoman State sought to establish a strong administrative and judicial organization centered on the goal of securing justice by developing a distinctive legal system. To ensure the sound functioning of the system it constructed, it devised effective mechanisms of control and supervision. In particular, institutions and regulations were designed to enable the inspection of administrators and judicial officials whenever necessary, so that the populace could feel secure against all forms of oppression. At the same time, measures were taken to safeguard the independence of those entrusted with judicial duties, thereby ensuring both fair governance and adjudication as well as effective oversight. The archival documents and historical records available to us provide significant insights into the impact of the Ottoman emphasis on justice upon judicial independence. This study examines the concept of oversight in the Ottoman state tradition, the regulations that reinforced it and that may be evaluated within the framework of judicial independence, as well as certain examples of their practical application. To this end, particular attention is devoted to the mehâyif inspection, one of the institutions aimed at securing justice through the examination and evaluation of judges (kadıs) and court decisions within the Ottoman judicial system.