Individual responsibility and our broken judicial system

Dr. Hasan Yazıcı's article is as follows:

Let me underline this from the start. I believe that what has brought us to these dark days is neither external nor internal forces, neither mischievous capitalists nor mischievous communists, neither the religious nor the irreligious, neither those who adore Atatürk nor those who do not like him at all, and finally, neither the supporters of the President nor those who practically hate him. Please do not be offended. If a magic hand were to suddenly solve all these disagreements we consider fundamental today, I fear we would create new disagreements by tomorrow, and by the day after, we would be left stunned as we returned to the bad old days.

In my opinion, our fundamental problem is our deeply pervasive lack of individual responsibility, which is almost never a subject of current debates and finds its most concise expression in our proverb, 'Let the snake that doesn't bite me live a thousand years.' Let no one be offended; our transition from an ummah to a nation, from subjects to citizens has not solved this problem, and more tragically, it has deceived us by pretending to solve it. 

Whether you believe that humanity was created entirely by the complex, random phenomena of nature, or entirely as the result of a higher intelligence, or if you are undecided about what to believe, I assume we are in agreement that the nature we find ourselves in the moment we are born is not a very fair environment. We call civilization the effort of the individual to make this ruthless and unfair nature they have fallen into a more just and livable place, using that highest value of reason, however it may have been bestowed upon them.

Years ago, I reminded young doctors, including my son, that at the foundation of civilization lies individual responsibility and, parallel to it, the law, justice, and the judiciary that both nurture this vital responsibility of the individual and protect what it nurtures (An alternative “graduation ceremony” speech… there is no object as reputable as the state… p. 85, Milliyet Publications 1998) 

It is often said that the Renaissance and the Reformation have not yet come to Anatolia. Do you know what really hasn't come? What really cannot enter these lands is neither painting, nor sculpture, nor the technology that has developed since those ages. At the foundation of all these elements that we define as civilization lies individual responsibility, which tries to make nature, which is essentially unfair, fair, and to make humanity accept justice and become virtuous. Our main deficiency, the common denominator I keep talking about, is that we are quite lacking in this responsibility. Let us not struggle in vain; without responsibility, without law, and without judges, there is neither civilization nor—for those of you who like the term—modernity.

…….

Look, we are constantly chasing new laws, starting with the constitution. We are perhaps the richest country in the world in terms of written laws. Do you know what lies at the root of this? Escaping from individual responsibility!... We will either find a way to create such a series of laws or, according to some, become so fanatically religious, that we can escape individual responsibility.

Last week at Tarihçi Kitabevi, retired Lieutenant General Ahmet Yavuz gave a beautiful speech on Rediscovering Atatürk in the Second Century and also introduced his book of the same title. During the Q&A/suggestion session, I took the floor and said, “I have reached this age, I have seen many children who want to be doctors, engineers, soldiers, or pilots when they grow up, but I have never encountered a child who wants to be a judge when they grow up.” My point was clear. In my country, being a judge was not an attractive profession.

I continued. “Look, in our country, there are a small number of high schools where the education provided is of a high level, and a good portion of them provide education in a foreign language. Judges are rarely found among the graduates of these schools. In my opinion, the reason is clear. In this country, being a judge is not a highly desired profession, especially in terms of financial compensation. I believe that individual responsibility, which is a very fundamental deficiency in our society, can only flourish among the individuals of a society that trusts its judiciary. For this, I have two quite simple suggestions.

1. Let us make fundamental improvements to the personal rights of our judges through urgent legal regulations. The personal rights of judges are at least as important as their immunity.  

2. Starting tomorrow, let us take down the saying 'Justice is the foundation of the state,' which we hang in all court-related venues as a feat, and replace it with a sign that says 'Justice is the foundation of individual freedom.' Because the most stable states are built only by individuals who know their rights and responsibilities and, more importantly, can protect them fearlessly.”
   

Dr. Hasan Yazıcı
Retired Professor of Istanbul University