Mahmut Esat Bozkurt

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 in 1934, he chose the surname Bozkurt in remembrance of the Grey Wolf, a symbol for Turkdom.[1] The surname also refers to the Turkish steamer S.S. Bozkurt in the Lotus case.[2]

Mahmut Esat Bozkurt
Mahmut Esat in the 1930s
Minister of Economy
In office
12 July 1922 – 24 September 1923
Prime MinisterRauf Bey, Fethi Bey
Preceded byHasan Saka
Succeeded byHasan Saka
Minister of Justice
In office
22 November 1924 – 27 September 1930
Prime Ministerİsmet İnönü
Preceded byMustafa Necati
Succeeded byYusuf Kemal Bey
Personal details
Born
Mahmut Esat

1892
Kuşadası, Aydın Vilayet, Ottoman Empire
DiedDecember 21, 1943(1943-12-21) (aged 50–51)
NationalityTurkish
Political partyRepublican People's Party (CHP)
EducationLaw
Alma materIstanbul University's Law School
OccupationJurist, politician and academic
Known forTurkish civil code (1926), Lotus case

Life

Mahmut Esat was born to Hasan Bey of Hacı Mahmutoğulları in Kuşadası, Aydın Vilayet during the Ottoman Empire era in 1892. He finished the idadi (high school) in İzmir in 1908, and graduated from İstanbul University's School of Law in 1912. He traveled to Fribourg, Switzerland for further studies. He completed his doctorate thesis Du régime des capitulations ottomanes ("On the Capitulations of the Ottoman Empire") with summa cum laude, "highest honor" at the University of Fribourg. In Lausanne, he served as the leader of the Turkish Student Association.[3][4]

In 1919, after Greek landing at Smyrna, he returned home to join the nationals in the Turkish War of Independence. He secretly traveled in an Italian ship, which was carrying ammunition to the Italian occupation troops in Anatolia. Although he was arrested by the Italians, he managed to escape.[4]

Politics

He became a member of the Turkish parliament established on 23 April 1920 and held this post up to his death in 1943. Before the proclamation of the Republic in the 4th cabinet of the Executive Ministers of Turkey, he was appointed Minister of Economy on 12 July 1922. 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 and served as Minister of Justice in the 3rd, 4th and the 5th government of Turkey between 22 November 1924 – 27 September 1930.[3]

Minister of Justice

As Minister of Justice, he was member of the Reform Council for the East (Turkish: Şark İslahat Encümeni) who prepared the Report for Reform in the East (Turkish: Şark İslahat Raporu) which recommended to resettlement of the Kurds and the prohibition of non-Turkish languages.[5] It was Mahmut Esat, who introduced the Swiss Civil Code in Turkey in 1926.[6] Mahmut Esat is known as the progenitor of Turkish civil code.[4] The preamble of the code written by Mahmut Esat is considered to reflect the philosophy of Turkish Revolution.[7][8] Parallel to being a Minister of Justice he was teaching at the Kemalist lesson History of the Revolutions at the Ankara University since 1925.[9]

Lotus case

Mahmut Esat was also known by his struggles in an international trial named the Lotus case. On 2 August 1926, a French streamship 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 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. Mahmut Esat personally defended the Turkish position in court. The court rejected France's position.[3][4]

Political views

He equated the Kemalist policies as similar to the fascism of Benito Mussolini and in 1930 he claimed absolute superiority of the Turkish race over the other Kurds, who'd have only the right to be servants and slaves in the Turkish homeland.[10]

Later years

After resigning from the post of Justice Minister, he kept on working at the Ankara University,[11] for which he became a professor and taught International law at the Law School and Constitutional law 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).[3]

He died from intracerebral hemorrhage in Istanbul on 21 December 1943.[3]

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")
  • Atatürk İhtilali (1940) ("Atatürk's Revolution")
  • Aksak Timur’un Devlet Politikası (1943) ("State policy of Timur the Lame")

References
  1. Kieser, Hans-Lukas (2007). A Quest for Belonging. Istanbul: ISIS Press. p. 242. ISBN 9789754283457.
  2. "Bozkurt Case, aka the Lotus Case (France v Turkey):Two Ships that Go Bump in the Night" (PDF). p. 1. Retrieved 19 April 2020.
  3. "Mahmut Esat Bozkurt kimdır" (in Turkish). Biyografi. Retrieved 2017-08-16.
  4. "Mahmut Esat Bey, neden bozkurt?" (in Turkish). Türkiye'm. 2013-03-12. Retrieved 2017-08-16.
  5. Yadirgi, Veli (2017-08-03). The Political Economy of the Kurds of Turkey. Cambridge University Press. pp. 169–170. ISBN 978-1-107-18123-6.
  6. Kieser, Hans-Lukas (2007), p.241
  7. Uyar, Hakkı. "Türk İhtilali'nin Düsturları ve Mahmut Esat Bozkurt -I-" (PDF) (in Turkish). Türk İhtilali. Archived from the original (PDF) on 2016-04-18. Retrieved 2017-08-16.
  8. "Medeni Kanununun Kabul Edilmesi Nedir" (in Turkish). Nedir. Retrieved 2017-08-16.
  9. Erdem, Ufuk (2010-01-01). "Compulsory history teaching throughout the historical process in higher education and political authority". Procedia - Social and Behavioral Sciences. World Conference on Learning, Teaching and Administration Papers. 9: 1074–1078. doi:10.1016/j.sbspro.2010.12.288. ISSN 1877-0428.
  10. "Dersim Massacre, 1937-1938 | Sciences Po Mass Violence and Resistance - Research Network". dersim-massacre-1937-1938.html. 2016-01-19. Retrieved 2021-01-30.
  11. Erdem, Ufuk (2010-01-01). "Compulsory history teaching throughout the historical process in higher education and political authority". Procedia - Social and Behavioral Sciences. World Conference on Learning, Teaching and Administration Papers. 9: 1074–1078. doi:10.1016/j.sbspro.2010.12.288. ISSN 1877-0428.
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