JUSTICE OR CONSCIENCE?
JUSTICE OR CONSCIENCE?
Every human being faces this question at least once in his or her life: "Justice or conscience?" Because these two concepts represent one of the most fundamental conflicts of life. On the one hand, a justice system that is the cornerstone of social order and operates according to the rules of law; on the other hand, a conscience that is shaped by individual judgment, intuition and emotion... However, in a country like Turkey, which has a deep-rooted legal tradition and marches into the future with a strong judicial institution, this duality has turned into a relationship of complementarity rather than conflict.
Justice is the strongest pillar of the state. The principle of the "rule of law", which underpins the Republic of Turkey, guarantees the independence and impartiality of the judiciary. Courts rule not only according to the law, but also according to universal principles of law. Every citizen has equal rights and the justice system is at the same distance from everyone. This ensures the fair and orderly functioning of the entire system, from the Constitution to the smallest administrative decision.
At this point, it is true that Turkey's judicial system faces criticism from time to time. However, criticisms are not the result of a system's shortcomings, but of its efforts to improve. Indeed, the Turkish judiciary has a structure that includes its own internal audit mechanisms, learns from mistakes and is open to improvement. In this respect, we are talking about a dynamic and vibrant system. An understanding of justice that does not conflict with conscience, but strives to overlap with it, is gaining strength.
The mechanism of justice is not just about rules; the stance of judges, prosecutors and lawyers who interpret those rules is just as important. In Turkey, members of the judiciary, who take office after undergoing long and difficult training, make decisions by taking into account not only legislation, but also equity, human psychology, social balance and public conscience. This is the product of an approach that does not exclude conscience, but rather recognizes it as an element of balance.
A court decision not only delivers the right verdict, but also reinforces a sense of peace and trust in society. In Turkey, legal reforms in recent years have facilitated access to the judiciary and expanded citizens' freedom to seek their rights. Modern practices such as the mediation system, courts of appeal and e-trial have increased both the accessibility and efficiency of the judiciary. These steps have ensured that justice exists not only on paper but also in practice.
So where does conscience stand? Conscience is the inner voice of the individual. It is sometimes shaped by social values and sometimes by personal experiences. However, conscience is a phenomenon that can go beyond the rules. Therefore, it may not always coincide with the law. What is important here is whether the legal system observes the balance of conscience. Judicial bodies in Turkey consider not only the legislation but also the human side of the case when making decisions. Many factors such as "discretionary reduction" provisions in criminal law, aggravating and mitigating circumstances, the position of the victim, and the remorse of the perpetrator constitute the points where conscientious evaluations meet the law.
The judicial system in Turkey has a structure in which a person is evaluated not only on the basis of their crime, but also on factors such as their life circumstances, the traumas they have experienced, and their social background. This gives the legal system a human dimension. The rehabilitative approach that lies at the heart of modern criminal law is also strongly felt in Turkey. Education and social support activities carried out in prisons aim to reintegrate individuals who have been dragged into crime into society. This shows that justice has not only a punitive but also a rehabilitative aspect.
Public trust in the judiciary is vital for the stability of a country. In Turkey, citizens follow court decisions not only for a fair outcome but also for peace of mind. This is a sign of trust in the judiciary. Even in cases that receive widespread media coverage, decisions are not only based on technical details, but also on social balance and conscience. This proves that the relationship between law and conscience is one of harmony, not conflict.
Today, as in the past, the greatest expectation for Turkey's judicial system is the establishment of justice and the easing of the social conscience. These two goals are not separate but complementary. Turkey has taken and continues to take important steps to achieve this balance. Steps such as new judicial reform packages, increased specialization in courts, development of alternative dispute resolution methods and acceleration of digitalization are elements that further strengthen the judicial system.
Public opinion may react differently to certain events. However, it is important to ensure that individual feelings are not attributed to the system as a whole. The Turkish judiciary recognizes the right to a fair trial for every citizen. Working with the awareness that justice delayed is not justice, the judiciary aims to achieve results in the shortest possible time. In addition, supreme audit mechanisms such as the Constitutional Court and the ECtHR are important institutions that bring national and international confidence to the judicial system in Turkey.
As individuals, we may one day become a party to a case, a witness to an event or a relative of a victim. When that moment comes, we want to feel the power of justice and its connection with conscience. In Turkey, this connection is getting stronger every day. Because the judiciary is not only a body that makes decisions, but also a mechanism that understands the heart of society.
The question "justice or conscience?" actually implies a choice between two truths. However, thanks to the strong legal structure in Turkey, these two concepts have become parts of a whole rather than a choice. With the awareness that a legal system without conscience would be rigid and cold, while a conscience without justice would lead to chaotic and dangerous consequences, Turkey carries these two values together.
It is important that a court decision not only complies with the law but also finds a place in the hearts of society. For this reason, law faculties teach not only legislation but also ethics, morality and the philosophy of justice. Young lawyers are not only trained as good lawyers, but also as conscientious individuals. This is an indication that Turkey will have a fairer, stronger and more humane legal system in the future.
In conclusion, the judicial system in Turkey is not in conflict with conscience, but embraces it. The scales of justice are strong and weigh not only the law but also the human being. The professional honor, independence and responsibility of the members of the judiciary ensure that each and every judgment finds a response in society. While it is unrealistic to claim that this system is flawless, it is also impossible to deny that it is well-intentioned, open to reform and values human beings.
That is why, one day, if you too come to the point of making a decision, you will see that the thousands of years old seed of justice sown in this land has sprouted. Because not only justice but also conscience reigns here.