The word of töre has been defined as the most important place and sofa of a house in the work titled as Divanü Lûgati't-Türk. However, the word is written as "törü" with its original meaning and it was definded as traditions and customs. Töre (Tradition) is the union of the final provisions of Turkish martial laws and traditions. Within Orhun inscriptions, it was stated that there would never be any state or community without traditions. Therefore, there has not been any governmental system that was illegal or dependent on the personal discretion of the ruler among the ancient Turks. Thus, the rulers had instructed their orders and the judges had resolved their decrees in accordance with traditions. In other words, the people were directly under the protection of the traditions.
Töre (törü= traditions) included the behaviours of the life that was actually led in the steppe lands that attained a legal-social value and it was generally used in the meaning of laws. This law is the union of the obligatory norms that regulated the ancient Turkish social life.
This union, in other words, the laws are national.Although töre has the meaning of law among the Turks, it is not only restricted with laws. Actually, the written laws and the verbal customs are included within töre (tradition). Furthermore, there were religious and ethical laws apart from the legal laws. Therefore, the Turkish töre (law) means the total of all rules that were handed down by the ancestors of the ancient Turks.These laws stipulated several ethical, social and political principles and established institutions.This law had also created a high central institution such as a state that provided the best benefit for the mankind in order to notify its truths and to let them live in a peaceful and prosperous environment. In other words, the state of the laws is a means that serves for the purpose of leading the mankind to the truth. Therefore, the word of töre must probably have been the name of the ancient Turkish religion.
The Turkish law included fairly strict and final provisions. Although the punishments were heavy, the laws constituted the fundamental part of the Turkish society.Therefore, nobody was sentenced to any unfair or inequitable treatment or punishment.Everyone had accepted in advance that the laws always stipulated the truth and the justice. Actually, the laws were composed of the rules that were accumulated through the life experience of the nation for centuries.
Gökalp states that the word of töre may have derived from the same root of the word of Turk. Accordingly, the word of Turk may have the meaning of "töreli" (with laws).
Another term that was used with the word of töre (traditions) was yasa (law). The term of yasa (yasağ) was borrowed into the Islam history and ethnographical literature and got diffused pursuant to the Mongolian invasion. It was used instead of the term of törü-töre (traditions, laws) that defined laws and order in the period of the Gok Turk, Hakanli and Seljuk States.
There has been a law that existed in the entire steppe lands maybe for thousands of years. Even the Great Turkish rulers were personally subject to these laws that existed in the social structure of the people. As long as the Turkish beys, states and nations acted in compliance with the laws that developed at a perfect stage from of old, the life of the Turkish communities went like clockwork under normal conditions. The demand from the rulers was only the provision of the enforcement of this law.The law is composed of three sources. These sources are the people, general assembly and khan. In other words, some of the laws directly take place within the public. These are inherited to the next generations in the form of traditions. The second is the resolutions and decrees resolved by the beys in the general assemblies. The third develops through the actions and initiatives of the Khan in person.
While the laws were inherited from generation to generation, the khans and beys had added some characteristics to these laws. Pursuant to each significant historical event or the enthronement of a new dynasty, the laws were revised in the general assemblies and some of the provisions were discussed. However, it should be wrong to consider that the Khan had the power to enforce any laws upon his own discretion. As a matter of fact, the demand of Bilge Khan was rejected although he wanted the adoption of the Buddhism. Pursuant to adoption of the religion of Islam, there were some conflicts between laws-religion in relation with some issues. However, the khans and beys did not give up applying the laws in he family and military affairs until the century XV. This is the reason that constituted the base for the statement of Uluğ Bey, A Turkish Islamic scholar and ruler indicating, "We need laws and traditions in relation with various issues".
Seljuk and Ottoman people would call the practices inherited from their ancestors as Oguz töresi (Oguz laws). However, the laws were not only composed of the practices of Oguz people. They were valid for the entire world of Turks. The laws do still survive today. As a matter of fact, Mehmet Eröz has determined that the word of töre is still used as a result of his researches with Yörük and Turkmen tribes. Nearly all of the persons that were interviewed had defined the concept as "national traditions, the Turkmen laws". The laws and their significance were frequently cited within the Orhun inscriptions as follows: "They became seven hundred soldiers and they created and developed the nation that had been deprived of country and ruler and that became a captive and concubine of the others, the Turkish nation that had left its laws." "They settled in a country and organised their laws". "Pursuant to the creation of blue sky above and the black ground below, the human being was created between them. My ancestor, Bumin Kagan, Istemi Kagan (ruler) established dominion over the mankind. Then, he organised the country and laws of the Turkish nation." "My father kagan (ruler) attained the country and the laws and then, he passed away." "The beys and people of Turks and Oguz beys, listen to me: Is there anybody to abolish the Turkish nation, country and laws unless the sky above fell down or the ground would be pierced?" "Pursuant to the attainment and organisation of the laws, my little brother, Kül Tigin passed away." Therefore, the function of the laws in the provision of the public order within the society is indicated with great emphasis. Actually, the public order is only possible with this tradition of rules that are understood completely. This tradition is within the laws itself. The laws that are deeply rooted in the centuries represent a great experience and accumulation. Therefore, it serves for the reinforcement of the national tries.
The law is the union of the rules that regulate the Turkish social life. In other words, it includes the procedures that regulate the relations between individuals and groups and stipulate the works, rights and obligations between the governors and the subjects that are governed.
to be continued