Firstly, I should note that in most cases I have encountered since arriving in Australia, I have noticed certain similarities between Australian and Turkish law. These similarities do not pertain to the application of the law but rather to the acquisition, loss, and proof of rights. The application of the law varies according to each country's system, which makes the law specific and meaningful to its location.
Despite the differences and similarities, the first fact that holds in every country is that law is a science. It is logical to say this is its principle. As there are seven main notes in music and four operations in mathematics, there are five basic questions in law, and the resolution of events is shaped around these questions: Who can demand what from whom, on what legal grounds, and what can they prove? Each case has its details and specific questions, but an issue or case that needs resolution is first evaluated within the framework of these five questions.
Although we accept law as a branch of science, it is almost an art of legal practice. Asking the right questions, evaluating events, and representing individuals and their rights in judicial channels resemble performing an art. Rights gain value and come into existence as written in the petition by the lawyer who protects them. While any lawyer can determine the applicable law and articles at the start of a case, each one will convey this differently on paper. In other words, every lawyer has a unique approach.
Although we describe the law as an art in its application, with rights protected as if dancing with words, today law is largely digitized. With electronic notifications, petitions, and decisions in place since before COVID-19, the law has become e-law. In Turkey, we can instantly access judicial findings online. Bar associations provide each lawyer with a flash disk to follow all legal documents and cases online. This system enables me to open a case and send a petition even from Australia. While support in Turkey remains necessary for court appearances, the ability to handle initial steps from the other side of the world significantly enhances practicality.
I don't know whether technological advances will soon allow me to attend a case online from Australia and submit my statements to the judge. But, each passing day brings great convenience to us lawyers, as it does in every sector. Judges, clerks, and even clients also benefit greatly from these advancements. Despite all technological developments, the fundamental nature of law remains unchanged. It will always be a science that, in its application, transforms into an art.
Best Regards,
Attorney Cetin Tugberk Gurcan