Academic literature on the topic 'Ottoman Criminal Legal History'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Ottoman Criminal Legal History.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Ottoman Criminal Legal History"
1
Aykan, Yavuz. "A Legal Concept in Motion: The ‘Spreader of Corruption’ (sā‘ī bi’l-fesād) from Qarakhanid to Ottoman Jurisprudence." Islamic Law and Society 26, no. 3 (2019): 252–71. http://dx.doi.org/10.1163/15685195-02612a02.
Full textAbstract:
AbstractThis article traces the genealogies of the legal concept ‘spreader of corruption’. Although some scholars working on Ottoman law consider this concept to be part of the Ottoman ḳānūn tradition, the history of its adaptation by Ottoman jurists actually dates back to the Qarakhanid period (eleventh century CE). It acquired its legal meaning as a result of jurisprudential debates among Ḥanafī jurists in the context of political turmoil and violent factionalism among madhhabs. Later, Seljuq and Golden Horde legal-textual traditions served as conduit for Ottoman jurists to adapt the concept in order to apply it to a variety of criminal acts. This article explores how the ‘spreader of corruption’ concept was reinterpreted over the centuries and how it contributed to the enforcement of law in the Ottoman context.
2
Rubin, Avi. "FROM LEGAL REPRESENTATION TO ADVOCACY: ATTORNEYS AND CLIENTS IN THE OTTOMAN NIZAMIYE COURTS." International Journal of Middle East Studies 44, no. 1 (2012): 111–27. http://dx.doi.org/10.1017/s0020743811001279.
Full textAbstract:
AbstractProfessional attorneyship emerged in the Ottoman Empire in tandem with the consolidation of the Nizamiye (“regular”) court system during the late 19th century. This article analyzes the emergence of an Ottoman legal profession, emphasizing two developments. First, the Nizamiye courts advanced a formalist legal culture, exhibited, inter alia, by the expansion of legal procedure. Whereas the pre-19th century court of law was highly accessible to lay litigants, the proceduralization of court proceedings in the 19th century limited the legibility of the judicial experience to legal experts, rendering legal counseling almost indispensible in civil and criminal litigation. Second, the reformers made efforts to render state-granted legal license a sign of professional competence, presenting a formal distinction between the old “agents” (vekils), who lacked formal legal training, and the professional “trial attorneys” (dava vekils). In practice, however, lawyers of both categories had to adapt to the Nizamiye formalist culture.
3
ZE EVI, DROR. "Changes in legal-sexual discourses: sex crimes in the Ottoman empire." Continuity and Change 16, no. 2 (2001): 219–42. http://dx.doi.org/10.1017/s0268416001003800.
Full textAbstract:
Through an examination of sixteenth-century Ottoman criminal codes pertaining to sexual crimes and their punishment, the article builds on the work of others who have attempted to streamline Islamic legal discourse and new legislation, mainly in the era of Süleyman the Magnificent. An emerging governing elite, recruited through slavery and attached to the sultan's household through marriage and patronage, attempted to create a legal system that, while committed to the tenets of Islamic law, promoted the new values of a dynamic group of people, which differed in many ways from those envisaged by the sharī a. The new legal codes suggest a change in discourse and outlook regarding various aspects of sexuality, gender differences, and concepts of crime and punishment.
4
Nugay, Kübra, and Abdullah Kahraman. "The Transformation of Ottoman Criminal Law in the 19th Century: The Example of Crime of Complicity." ULUM 2, no. 1 (2019): 103–20. https://doi.org/10.5281/zenodo.3377498.
Full textAbstract:
In the XIX. century, Ottoman State has witnessed changes in many areas. Looking at the content of both the dated 1840 and the dated 1851 Penal Codes legislated in Tanzimat Era, it has seen that the transformation in criminal procedure, judicial system, administrative fields was attempted to be accommodated with penal codes. The aim of this study is to seek answers to the question of how the criminal law of the Ottoman State changed in the period starting with the 1858 Penal Code in the nineteenth century within scope of <em>ta‘zir</em>(discretionary punishment) and more particularly, crime of murder and complicity as one of special forms of crime. The discussions of the criminal law scholars of the period about the nature of Article 45 regarding complicity in the 1858 Penal Code and their seeking solutions and how they developed new rules due to need in the process and at this point how they benefited from European penal codes, commentaries and their scholars will be attempted to demonstrate. More importantly, it will be witnessed how Ottoman judges used the classical principles in their minds when implementing the article of code. However, when looking from a broad perspective, we will see how the Classical Law School, in which Ottoman State was included through it’s 1858 Penal Code, and the crime policy of France and the French Penal Code have influenced Ottoman Criminal Law.
5
Merali, Amaan. "Fear and Violence in Late Ottoman Syria: The Ismaʿilis and the School of Agriculture". DIYÂR 1, № 1 (2020): 58–83. http://dx.doi.org/10.5771/2625-9842-2020-1-58.
Full textAbstract:
This article explores the changing relations between state officials and the Shiʿi Nizari Ismaʿilis in early 20th-century Ottoman Syria. It examines the history surrounding the founding of the School of Agriculture in the majority Ismaʿili town of Salamiyya. Ottoman authorities had only recently discovered that the Ismaʿilis were followers of an imam in Bombay, the Aga Khan III. Once the community was associated with a British Empire loyalist like the Aga Khan, officials suspected collusion. Subsequent criminal investigations sanctioned legal and political persecution against the Ismaʿilis. Arresting and imprisoning the Ismaʿilis, however, could only do so much. Officials decided on a policy to correct their beliefs through state schooling and turn the Ismaʿilis into loyal Ottomans. Provincial authorities, meanwhile, took advantage of Istanbul’s doubts over the Ismaʿilis’ loyalty to the Empire. They proceeded to arrest the Ismaʿilis and confiscate tens of thousands of gold liras in cash and jewellery from the community. The cash and valuables were buried in a fund which ultimately paid for the School of Agriculture. This article concludes that violence was mandated by all levels of government and prefigured any educational policy for the Ismaʿilis in Syria because of fears the community was a fifth column.
6
Angelini, Paolo. "The Code of Dušan 1349–1354." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 80, no. 1-2 (2012): 77–93. http://dx.doi.org/10.1163/157181912x626920.
Full textAbstract:
AbstractIn 1349 Stefan Dušan enacted a code that was part of a tripartite codification with the Abridged syntagma and the so-called Law of Justinian. The Serbian emperor introduced in his empire a Byzantine legal system, even if elements of Slavic customary law were preserved. Physical mutilations and punishments, death penalty, public penal system, personal liability were unknown to the Slav populations and have to be connected to the Greek-Roman law influence. This influence is evident both in civil and criminal law and in this sense the dispositions of the Code of Dušan must be connected to the two other Byzantine compilations. Dušan's attempt failed just a few years after his death because of the fall of the Serbian empire due to the Ottoman advance.
7
Amara, Ahmad. "Civilizational Exceptions: Ottoman Law and Governance in Late Ottoman Palestine." Law and History Review 36, no. 4 (2018): 915–41. http://dx.doi.org/10.1017/s0738248018000342.
Full textAbstract:
AbstractThis article examines the Ottoman extension of rule and jurisdiction to the Beersheba frontier of southern Palestine. As part of itsTanzimatreform policies, the Ottoman administration founded the new town and sub-district of Beersheba in 1900, and sought to implement a legal reform. Deviating from the formal law that requires the founding of a civil-nizamiye court, the Ottoman instituted a form of legal exception and authorized the local administrative council to sit as a judicial forum and for its Bedouin Shaykh members to serve as judges. Studies of Ottoman Beersheba have typically focused on Bedouin autonomy and tribal law. The few studies that discussed the judicial order, have mistakenly assumed the Ottoman institution of a “tribal court,” and its persistence thereafter. Interestingly, what began as a simple grant of legal exception, justified by civilizational discourses of ignorance and savagery, grew into a judicial complexity. Very soon jurisdictional tensions arose, integrating questions across various webs of legal orders, jurisdictions, and political networks that shaped the reform in Beersheba and beyond. In following various legal disputes from Beersheba to Gaza, Jerusalem, and Istanbul, the article challenges some of the prevailing research categories, dichotomies, and approaches in the study of Ottoman legal history and tribal societies, including the concept of ‘legal pluralism.’
8
Peters, Rudolph. "The Legal History of Ottoman Egypt." Islamic Law and Society 6, no. 2 (1999): 129–35. http://dx.doi.org/10.1163/1568519991208691.
Full text
9
Perez, Shelby. "Palestine…It Is Something Colonial." American Journal of Islamic Social Sciences 35, no. 4 (2018): 64–67. http://dx.doi.org/10.35632/ajiss.v35i4.475.
Full textAbstract:
The Israeli-Palestinian conflict has not existed since the beginning of time. Hatem Bazian explores the roots of the conflict, locating the Zionist movement as a settler colonial project under the tutelage of British colonial efforts. Bazian’s text is a look at and beyond first-hand accounts, an investigation of and critical analysis of settler practice in relation to similar texts such as Sari Nusseibeh’s Once Upon a Country: A Palestinian Life, Alan Dowty’s Israel/Palestine, and Ari Shavit’s My Promised Land. Hatem Bazian’s Palestine…it is something colonial is not an introduction to the Israeli-Palestinian conflict. Readers should possess a basic understanding of the conflict and history of the region over the last century. Nor does this text provide the reader with an unbiased look at the timeline of events since the inception of the Zionist movement. Palestine…it is something colonial instead is a rich critique of the Zionist movement and British colonialism. It investigates the way British colonialism influenced Zionism and how Zionism adopted colonial ideas and practices. Bazian locates Zionism as a settler colonialist movement still at work today, which historically planned and systematically executed the removal of Palestinians from their land, with the aid of the United Kingdom and (later) the United States. Bazian examines Ottoman collapse, the colonization of Palestine by the British, Israel’s biblical theology of dispossession, as well as British colonial incubation of Zionism, Zionism as a Eurocentric episteme, the building of Israel through ethnic cleansing, and the Nakba, all of these culminating in legalized dispossession. Throughout the text, Bazian is able to tie each chapter to the present state of affairs and remind the audience of the trauma of a people forcibly removed. Bazian opens with the straightforward assertion that “Palestine is the last settler-colonial project to be commissioned in the late 19th early 20th centuries and still unfolding in the 21st century with no end in sight” (17). In chapter one, “Dissecting the Ottomans and Colonizing Palestine,” Bazian navigates the biased historiography of the fall of the Ottoman empire, linking the collapse of the empire to the colonizing forces of Europe which sought to ensure access to the newly discovered oil in the region as well as to Asia and Africa. Bazian masterfully steers the reader through the history of European intervention, and in particular on behalf of Christians as ethnic minorities in the Middle East. Europe is historically anti-Jewish; at the turn of the century, Zionism was determined to solve Europe’s “Jewish Problem” and maintain a stronghold in the Middle East, he writes. In chapter two, “Israel’s Biblical Theology of Dispossession,” Bazian explores the biblical roots of Zionist ideology. The chapter opens with a discussion of a contemporary Bedouin tribe being expelled in the Negev. Bazian writes that “the biblical text gets transformed into policy by the Zionist state, by which it then normalizes or makes legal the wholesale theft of Palestinian lands and expulsion of the population”(57) using legal documents such as the Levy Report. These policies create “facts on the ground” which lead to “legalized expulsions.” The Bible was central to the historical development of the European Christian supremacist idea of the Holy Land. The loss of the territory conquered during the Crusades ruptured this notion, a break “fixed” through Zionism. In chapter three, “British Colonialism and Incubation of Zionism,”Bazian begins to address British colonialism and Zionism as complementary. Bazian uses primary texts from British political actors of the time, such as Lord Robert Cecil and Lord Balfour, to establish the anti-Semiticinspiration for British actions of the time. Bazian also successfully uses the Hussein-McMahon Correspondence and the Sykes-Picot agreement to establish the double dealings of the British in the Middle East in the early twentieth century. Bazian uses many primary texts in this chapter effectively, though their organization could leave readers confused. Chapter four, “Zionism: Eurocentric Colonial Epistemic,” continues the themes of the prior chapter as the colonial influence is cemented. In this chapter, Bazian explores the subterfuge and the genius propaganda selling Palestine as “a land without a people for a people without a land” along with “making the desert bloom”—as if the indigenous Arab people were not there. Bazian frames this chapter within the Zionist ideology of the peoples living in the land being only a barrier to a Jewish state in Palestine. Bazian uses primary sources (e.g., Herzl) to defend the assertion that the removal of the Palestinian people was always a piece of the Zionist plan. Bazian also includes Jewish critical voices (e.g., excerpts from the reporter Ella Shohat) to establish the European Jewish bias against the indigenous Arab peoples, including Sephardic Jews. Bazian that these biases and the effort to remove Palestinians from their land defined the early Zionist movement and the creation of the state of Israel in chapter five, “Building a State and Ethnic Cleansing.” This chapter draws extensively on primary sources: correspondence, reports, declarations, agreements, commissions, and maps. Bazian struggles to organize these rich resources in a clear fashion; however, his analysis matches the richness of the sources. These sources establish the “legalized” systematic removal of the Palestinians from the land by the Israelis in 1948. In chapter six, “The Nakba,” Bazian uses further legal documents and first-hand accounts to trace the forced removal of Palestinians. He pays homage to the trauma while critically dissecting the process of legalizing ethnic cleansing and peddling the innocence of the Israelis to the rest of the world. Bazian profoundly concludes his chapter with the story of a Palestinian boy who witnessed the mass executions of men and women of his village and marched away from his home. The boy, now a man, closed his story with poignant words that capture the horror of the Nakba: “The road to Ramallah had become an open cemetery” (241). After the land was emptied the new state of Israel needed to legally take possession of the Palestinian-owned property. Chapter seven, “Colonial Machination,” elaborates this process: “the State of Israel is structured to give maximum attention to fulfillment of the settler-colonial project and the state apparatus is directed toward achieving this criminal enterprise” (243). The name “Palestine” is erased as a name for the land and the peoples; former colonial and Ottoman laws were twisted to support a systematic theft of the land. Bazian concludes his book with a look to the future: “What is the way forward and Palestine’s de-colonial horizon?” (276). He lays out the options available for true and lasting peace, discounting out of hand the twostate solution as impossible due to the extent of the settlements in the West Bank. He also dismisses both the options of the removal of Palestinians and the removal of the Jewish people. He instead posits a way forward through a one-state solution, leaving how this is to be done to the reader and the people of Israel/Palestine to determine. Bazian has contributed a full-bodied analysis of primary sources to defend his assertion that Zionism has always been a settler colonial movement with its goal being a land devoid of the indigenous people. The organization of the text, the lack of sectioning in the chapters, and the technical insertion and citation of primary sources could be improved for clearer reading. Bazian thoroughly defends his thesis with tangible evidence that Zionism is something colonial, and has been something colonial from the start. This is a text that complicates the narrative of what colonialism is, what the State of Israel is, and who and what Palestine is, together establishing the book as required reading for understanding nuances of the Israeli-Palestinian conflict. 
 Shelby Perez Master’s Divinity Candidate Chicago Theological Seminary
10
Perez, Shelby. "Palestine…It Is Something Colonial." American Journal of Islam and Society 35, no. 4 (2018): 64–67. http://dx.doi.org/10.35632/ajis.v35i4.475.
Full textAbstract:
The Israeli-Palestinian conflict has not existed since the beginning of time. Hatem Bazian explores the roots of the conflict, locating the Zionist movement as a settler colonial project under the tutelage of British colonial efforts. Bazian’s text is a look at and beyond first-hand accounts, an investigation of and critical analysis of settler practice in relation to similar texts such as Sari Nusseibeh’s Once Upon a Country: A Palestinian Life, Alan Dowty’s Israel/Palestine, and Ari Shavit’s My Promised Land. Hatem Bazian’s Palestine…it is something colonial is not an introduction to the Israeli-Palestinian conflict. Readers should possess a basic understanding of the conflict and history of the region over the last century. Nor does this text provide the reader with an unbiased look at the timeline of events since the inception of the Zionist movement. Palestine…it is something colonial instead is a rich critique of the Zionist movement and British colonialism. It investigates the way British colonialism influenced Zionism and how Zionism adopted colonial ideas and practices. Bazian locates Zionism as a settler colonialist movement still at work today, which historically planned and systematically executed the removal of Palestinians from their land, with the aid of the United Kingdom and (later) the United States. Bazian examines Ottoman collapse, the colonization of Palestine by the British, Israel’s biblical theology of dispossession, as well as British colonial incubation of Zionism, Zionism as a Eurocentric episteme, the building of Israel through ethnic cleansing, and the Nakba, all of these culminating in legalized dispossession. Throughout the text, Bazian is able to tie each chapter to the present state of affairs and remind the audience of the trauma of a people forcibly removed. Bazian opens with the straightforward assertion that “Palestine is the last settler-colonial project to be commissioned in the late 19th early 20th centuries and still unfolding in the 21st century with no end in sight” (17). In chapter one, “Dissecting the Ottomans and Colonizing Palestine,” Bazian navigates the biased historiography of the fall of the Ottoman empire, linking the collapse of the empire to the colonizing forces of Europe which sought to ensure access to the newly discovered oil in the region as well as to Asia and Africa. Bazian masterfully steers the reader through the history of European intervention, and in particular on behalf of Christians as ethnic minorities in the Middle East. Europe is historically anti-Jewish; at the turn of the century, Zionism was determined to solve Europe’s “Jewish Problem” and maintain a stronghold in the Middle East, he writes. In chapter two, “Israel’s Biblical Theology of Dispossession,” Bazian explores the biblical roots of Zionist ideology. The chapter opens with a discussion of a contemporary Bedouin tribe being expelled in the Negev. Bazian writes that “the biblical text gets transformed into policy by the Zionist state, by which it then normalizes or makes legal the wholesale theft of Palestinian lands and expulsion of the population”(57) using legal documents such as the Levy Report. These policies create “facts on the ground” which lead to “legalized expulsions.” The Bible was central to the historical development of the European Christian supremacist idea of the Holy Land. The loss of the territory conquered during the Crusades ruptured this notion, a break “fixed” through Zionism. In chapter three, “British Colonialism and Incubation of Zionism,”Bazian begins to address British colonialism and Zionism as complementary. Bazian uses primary texts from British political actors of the time, such as Lord Robert Cecil and Lord Balfour, to establish the anti-Semiticinspiration for British actions of the time. Bazian also successfully uses the Hussein-McMahon Correspondence and the Sykes-Picot agreement to establish the double dealings of the British in the Middle East in the early twentieth century. Bazian uses many primary texts in this chapter effectively, though their organization could leave readers confused. Chapter four, “Zionism: Eurocentric Colonial Epistemic,” continues the themes of the prior chapter as the colonial influence is cemented. In this chapter, Bazian explores the subterfuge and the genius propaganda selling Palestine as “a land without a people for a people without a land” along with “making the desert bloom”—as if the indigenous Arab people were not there. Bazian frames this chapter within the Zionist ideology of the peoples living in the land being only a barrier to a Jewish state in Palestine. Bazian uses primary sources (e.g., Herzl) to defend the assertion that the removal of the Palestinian people was always a piece of the Zionist plan. Bazian also includes Jewish critical voices (e.g., excerpts from the reporter Ella Shohat) to establish the European Jewish bias against the indigenous Arab peoples, including Sephardic Jews. Bazian that these biases and the effort to remove Palestinians from their land defined the early Zionist movement and the creation of the state of Israel in chapter five, “Building a State and Ethnic Cleansing.” This chapter draws extensively on primary sources: correspondence, reports, declarations, agreements, commissions, and maps. Bazian struggles to organize these rich resources in a clear fashion; however, his analysis matches the richness of the sources. These sources establish the “legalized” systematic removal of the Palestinians from the land by the Israelis in 1948. In chapter six, “The Nakba,” Bazian uses further legal documents and first-hand accounts to trace the forced removal of Palestinians. He pays homage to the trauma while critically dissecting the process of legalizing ethnic cleansing and peddling the innocence of the Israelis to the rest of the world. Bazian profoundly concludes his chapter with the story of a Palestinian boy who witnessed the mass executions of men and women of his village and marched away from his home. The boy, now a man, closed his story with poignant words that capture the horror of the Nakba: “The road to Ramallah had become an open cemetery” (241). After the land was emptied the new state of Israel needed to legally take possession of the Palestinian-owned property. Chapter seven, “Colonial Machination,” elaborates this process: “the State of Israel is structured to give maximum attention to fulfillment of the settler-colonial project and the state apparatus is directed toward achieving this criminal enterprise” (243). The name “Palestine” is erased as a name for the land and the peoples; former colonial and Ottoman laws were twisted to support a systematic theft of the land. Bazian concludes his book with a look to the future: “What is the way forward and Palestine’s de-colonial horizon?” (276). He lays out the options available for true and lasting peace, discounting out of hand the twostate solution as impossible due to the extent of the settlements in the West Bank. He also dismisses both the options of the removal of Palestinians and the removal of the Jewish people. He instead posits a way forward through a one-state solution, leaving how this is to be done to the reader and the people of Israel/Palestine to determine. Bazian has contributed a full-bodied analysis of primary sources to defend his assertion that Zionism has always been a settler colonial movement with its goal being a land devoid of the indigenous people. The organization of the text, the lack of sectioning in the chapters, and the technical insertion and citation of primary sources could be improved for clearer reading. Bazian thoroughly defends his thesis with tangible evidence that Zionism is something colonial, and has been something colonial from the start. This is a text that complicates the narrative of what colonialism is, what the State of Israel is, and who and what Palestine is, together establishing the book as required reading for understanding nuances of the Israeli-Palestinian conflict. 
 Shelby Perez Master’s Divinity Candidate Chicago Theological Seminary
Dissertations / Theses on the topic "Ottoman Criminal Legal History"
1
Douglas, Heather Anne. "Legal narratives of indigenous existence : crime, law and history /." Connect to thesis, 2005. http://eprints.unimelb.edu.au/archive/00001751.
Full text
2
Adak, Ufuk. "The Politics of Punishment, Urbanization, and Izmir Prison in the Late Ottoman Empire." University of Cincinnati / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1439309163.
Full text
3
沈啓誠 and Kai-shing Shum. "A study of harsh officials (ku li) and the legal system in Han China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31221609.
Full text
4
Kennedy, Chloe Jane Sophia. "Criminal law and the Scottish moral tradition." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/17935.
Full textAbstract:
This thesis presents an account of the development of Scots criminal law which concentrates on the influence of the Scottish moral tradition, as epitomised by Calvinist theological doctrine and Scottish Enlightenment moral philosophy. It argues that there are several crucial but seldom-acknowledged points of similarity between the Calvinist aim of creating a holy community and key tenets of eighteenth century Scottish moral thought, which rest upon community-oriented conceptions of the nature of morality and society. Both these shared conceptions and the particular ways they are expressed in Calvinist creed and Enlightenment philosophy are shown to have had a bearing on the way that Scots criminal law changed over time. The areas in which this influence is demonstrated are: the scope and principles of the law, i.e. the type of conduct that was punishable and the arguments that were put forward to justify its prohibition; the attribution of criminal responsibility (and non-responsibility); and the importance of mental state. It is argued that in each of these discrete areas changing perspectives on the nature of morality and human agency had a palpable impact on both legal doctrine and practice. When these different areas of the law are viewed as a whole and in historical perspective, the formative force of the Scottish moral tradition becomes clear and its influence can be seen to have extended into the contemporary law. The thesis therefore provides an original interpretation of the history of Scots criminal law by considering its sources and institutions from hitherto unexplored theological and moral perspectives, whilst simultaneously enhancing scholarly appreciation of certain aspects of the contemporary law that appear unusually moralistic. It also makes a broader contribution to socio-historic scholarship and strengthens its position as a recognised and worthwhile discipline by illustrating, using a concrete legal system, how legal history can enhance debates within criminal law theory and vice versa.
5
Jordan, John Frederick Dodge. "Legal culture in a turbulent time : law and society in early modern Saxony." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:08a01053-87e3-4310-a974-b194f516b692.
Full textAbstract:
This thesis reconstructs and interprets the evolution of legal culture in the Saxon city of Freiberg in the sixteenth century. It challenges the notion that early modern state institutions were punitive and disciplinary; and instead posits that in Saxony, they were flexible and sought to maintain social harmony. While previous scholarship has favoured a sociological approach, based on the concept of social control, this thesis employs a legal anthropological optic to study the interaction of state institutions and social life holistically. The focus is not just on how state institutions sought to regulate social life, but also on how ordinary people used institutions for their diverse purposes. The goal of this methodological approach, based on Lawrence Friedman’s concept of legal culture, is to assess the relative position and interaction of the people, the judiciary, and the law in early modern Germany. Probing the interactions of the court and the residents of Freiberg reveals that the court was primarily a record-keeper and a mediator. For the former, it logged and transcribed all manner of transactions: peace pacts, loans, and house purchases; and Freibergers readily turned to the court to get a formal record of an obligation. For the latter, the court was rarely a site of punishment, rather it was a place where conflicts were regulated, and bonds forged. At court, Freibergers fostered ties to one another. Neither of these roles, record-keeper or mediator, are ones traditionally ascribed to early modern courts. Only by considering by the culture of a court does either become apparent.
6
Henley, Andrew. "Criminal records and the regulation of redemption : a critical history of legal rehabilitation in England and Wales." Thesis, Keele University, 2017. http://eprints.keele.ac.uk/3779/.
Full textAbstract:
The collation and use of criminal records by the state has conventionally been regarded as essential for the prevention and detection of crime, the administration of justice and the maximisation of public safety. For instance: the police may check the criminal records of suspects to determine whether they are ‘known offenders’; those working in the judicial sphere may investigate the prior ‘form’ of witnesses and defendants to adduce ‘bad character’ or determine an appropriate sentence; and educational authorities and social services departments may conduct criminal background checks to determine the ‘suitability’ of individuals to work with or foster children. Whilst not disputing that these official functions provided the original justification for the state’s development of criminal record repositories during the nineteenth and twentieth centuries, this thesis argues that other unofficial and quasi-penological functions are now served in the present by the collation, retention and dissemination of criminal background information. This contention is examined through a critical history of legal rehabilitation in England and Wales as introduced under the Rehabilitation of Offenders Act 1974. This legislation determines if, when and under what circumstances a previous criminal record can be deemed ‘relevant’ for a number of purposes. Effectively, it regulates the extent to which a wide range of social actors can permissibly treat people with convictions less favourably than those in society without any criminal background. The thesis argues that legal rehabilitation as a social practice determines the boundaries of redemptive possibility in late-modern society by enacting a discriminatory biopolitics which uses criminal records as a moral apparatus to regulate life chances. Underpinned by neoliberal and authoritarian governmentalities, this biopolitics distinguishes a ‘law-abiding citizenry’ - constructed as deserving of access to social goods - from a ‘denizen class’ of convicted people whose ‘punishment’ is perpetuated through exposure to various exclusionary conducts.
7
Mallory, Jeri. "Comparisons of the Soul: A Foucauldian Analysis of Reasonable Doubt." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1409.
Full textAbstract:
The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its origin and assessing why this standard was permitted to continue to be a cornerstone of the Anglo-American judicial system.
8
Myers, Tamara. "Criminal women and bad girls : regulation and punishment in Montreal, 1890-1930." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=40209.
Full textAbstract:
Society's attitudes toward criminal offenders changed dramatically over the nineteenth century. By the early twentieth century the system of handling offenders in Montreal was highly institutionalized and based on sex- and age-specific treatment involving the Catholic Church, civic and legal authorities, and Protestant reform organizations.<br>A thematic study of the relationship of female offenders, concerned organizations, and the criminal justice system at the height of industrial capitalism shows that as the economy expanded and the city grew, there were increasing opportunities for women to break the law. Women's crimes were largely determined by their socio-economic status in Canadian society, often crimes of poverty and survival. The growing potential to commit crime was met with a more organized and institutionalized response and the definition of what was considered wayward female behaviour broadened. The growth of the state over the latter part of the nineteenth century in the form of new and expanded juridical and penal structures resulted in an increase in disciplining the population. For women this meant the use of laws and institutions to punish inappropriate social and sexual behaviour.<br>This thesis explores the gender-specific treatment of female offenders in the new institutions created ostensibly to rescue them: Fullum Street Prison for Women, the Ecole de Reforme, the Girls' Cottage Industrial School, the Juvenile Delinquents' Court, and the female police force. It looks at the construction of "criminal" and "bad" and the flexible usage of certain laws to curb unruly behaviour.
9
Diwan, Naazneen S. "Female Legal Subjects And Excused Violence: Male Collective Welfare Through State-Sanctioned Discipline In The Levantine French Mandate And Metropolis." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1222186748.
Full text
10
Weimer, Gregory K. "Policing Slavery: Order and the Development of Early Nineteenth-Century New Orleans and Salvador." FIU Digital Commons, 2015. http://digitalcommons.fiu.edu/etd/2192.
Full textAbstract:
My dissertation explores the development of policing and slavery in two early nineteenth-century Atlantic cities. This project engages regionally distinct histories through an examination of legislative and police records in New Orleans, Louisiana, and Salvador, Bahia. Through these sources, my dissertation holds that the development of the theories and practices that guided “public order” emerged in similar ways in these Atlantic slaveholding cities. Enslaved people and their actions played an integral role in the evolution of “good order” and its policing. Legislators created laws and institutions to police enslaved people and promote order. In these instances, local government policed slavery through the surveilling and arresting of enslaved people. By mid-century, the prerogative of policing slavery created a comprehensive bureaucratic structure that policed many individuals within the community, not just slaves.
In New Orleans and Salvador, slavery was an important part of policing, but not just in the sense we sometimes assume: as a panicked reaction to real or imagined slave rebellions. As the commercial and demographic development of cities created opportunities for enslaved people, local legislation and institutions formed an important part of policing slavery in New Orleans and Salvador. Local government officials—regional and municipal legislators—responded by passing laws that restricted not only where and how enslaved people worked and lived, but also the police that enforced these laws. Police forces, once created, interpreted and applied the laws passed by legislators. They surveilled and arrested individuals, and their actions sometimes triggered further legislative reforms. Thusly, police forces became representations of public well-being, particularly in relation to slavery. By mid-century, new conceptions of public order made the police an accepted part of urban slavery and urban life more generally in New Orleans and Salvador. At the same time, the police surveilled and arrested free people, not just enslaved people, in the name of promoting orderly slavery.
Books on the topic "Ottoman Criminal Legal History"
1
Risk, R. C. B. Canadian legal history. Faculty of Law, University of Toronto, 1987.
Find full text
2
Agmon, Iris. Family & court: Legal culture and modernity in late Ottoman Palestine. Syracuse University Press, 2006.
Find full text
3
Öztürk, Fatih. Ottoman and Turkish law: Eskisehir 2013, the Capital City of Culture for the Turkic World. iUniverse LLC, 2014.
Find full text
4
Imber, Colin. Ebuʼs-suʻud: The Islamic legal tradition. Stanford University Press, 1997.
Find full text
5
Dölek-Sever, Deniz. Istanbul's Great War: Public order, crime and punishment in the Ottoman capital, 1914-1918. Libra Kitap, 2018.
Find full text
6
Maurits H. van den Boogert. The capitulations and the Ottoman legal system: Qadis, consuls, and beratlıs in the 18th century. Brill, 2005.
Find full text
7
translator, Şükran Vahide, ed. Ottoman harem: The male and female slavery in Islamic law. IUR Press, 2015.
Find full text
8
Risk, R. C. B. Canadian legal history: The twentieth-century thought. 2nd ed. Faculty of Law, University of Toronto, 2000.
Find full text
9
Risk, R. C. B. Canadian legal history: The Canadian constitutional tradition. Faculty of Law, University of Toronto, 1988.
Find full text
10
Woodard, Paul L. Statutes requiring the use of criminal history record information. U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics, 1991.
Find full textBook chapters on the topic "Ottoman Criminal Legal History"
1
Yang, Justin Su-Wan. "History of legal pluralism in Nigeria." In Domestic Legal Pluralism and the International Criminal Court. Routledge, 2021. http://dx.doi.org/10.4324/9781003168300-4.
Full text
2
Zhang, Jinfan. "Da Qing Xing Lv (the Criminal Law of Great Qing): A New Chapter Reflecting the Civilization of Modern Criminal Law." In The History of Chinese Legal Civilization. Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-10-1032-3_8.
Full text
3
Watson, Andrew. "A New Chapter in Japanese Social and Legal History." In Popular Participation in Japanese Criminal Justice. Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-35077-6_1.
Full text
4
Vormbaum, Thomas, and Michael Bohlander. "§ 2 Criminal Law at the Beginning of the Legal-Historical Period." In A Modern History of German Criminal Law. Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-37273-5_2.
Full text
5
Çakmak, Cenap. "The ICC Versus National Sovereignty: Analyzing ICC’s Performance as a Legal and Political Institution." In A Brief History of International Criminal Law and International Criminal Court. Palgrave Macmillan US, 2017. http://dx.doi.org/10.1057/978-1-137-56736-9_14.
Full text
6
Farcy, Jean-Claude, and Derk Venema. "Prosopography, History and Legal Anthropology: Two Comments on the Belgian Case." In Modernisation of the Criminal Justice Chain and the Judicial System. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-25802-7_17.
Full text
7
Chen, Song-Chuan. "Strangled by the Chinese and Kept ‘Alive’ by the British: Two Infamous Executions and the Discourse of Chinese Legal Despotism." In A Global History of Execution and the Criminal Corpse. Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137444011_8.
Full text
8
Kévorkian, Raymond H. "The Property Law and the Spoliation of Ottoman Armenians." In Documenting the Armenian Genocide. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-36753-3_9.
Full textAbstract:
AbstractThe genocide perpetrated against the Ottoman Armenians obviously had several dimensions: in addition to the physical destruction of the population, it included the appropriation of all collective and individual assets, in other words the systematic spoliation of a historical group for the benefit of a state or of private individuals. Beyond the extreme violence perpetrated to accomplish these criminal aims, the later management of such spoils remains a legal headache that will take generations and a panoply of laws to digest.This aspect of the Armenian Genocide is all the more important since for more than a century it has perpetuated a material memory of the Armenian presence through houses, schools, churches, and so on, which have survived or still survive. In certain respects, spoliation constitutes a central element of the immoral development of individual and collective actors observed in Turkey. Moreover, it was clearly one of the acts favoring the material construction of the modern Turkish state. It is even today one of the reasons for the denial organized by the Turkish state and shared by a large part of Turkish society. It is this issue that this chapter will examine over time, while also drawing up a corpus of the official laws adopted to carry out the program of spoliation of Armenians.
9
Bonazza, Giulia. "Slavery in the Mediterranean." In The Palgrave Handbook of Global Slavery throughout History. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-13260-5_13.
Full textAbstract:
AbstractThis chapter focuses on slavery in the Mediterranean region from the sixteenth to the nineteenth century, and especially in the Northern Mediterranean basin, including the Italian states, France, Spain, and Portugal. Comparing the situation in Southern European states to that in the Ottoman Empire and its satellite states enables an analysis of the forms of reciprocity and the commonalities inherent in slave trade practices around the Mediterranean. The Mediterranean was at the center of larger slave trading networks whose slaves originated from all over the world. More specifically, this chapter examines various forms of enslavement and types of work performed by slaves, along with the different levels of coercion involved in them. In its conclusion, the chapter details some of the exit strategies that enabled slaves to become free—both in socio-economic terms and from a legal perspective.
10
Härter, Karl. "The Influence of the Napoleonic Penal Code on the Development of Criminal Law in Germany: Juridical Discourses, Legal Transfer and Codification." In Studies in the History of Law and Justice. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-71912-2_2.
Full textConference papers on the topic "Ottoman Criminal Legal History"
1
Zapletalová, Petra. "The Criminal Commissions at the National Committees in Czechoslovakia." In International Legal History Meeting of PhD Students. Masaryk University Press, 2024. https://doi.org/10.5817/cz.muni.p280-0628-2024-17.
Full textAbstract:
This contribution aims to describe and analyse the criminal commissions at the national committees in Czechoslovakia during the socialism. The first part of the text is devoted to the features and various parts of the National Committees, especially in the 1950s to 1970s. The second part of this contribution defines the Criminal Commissions at the National Committees with the focus on the importance of their existence and their criminal administrative proceedings against citizens. The next part of the paper presents a selection of cases that were adjudicated by the local national committee in the Brno-venkov district. The conclusion of the article considers the questions of whether the Criminal Commissions at the National Committees properly and lawfully sanctioned offences and may be regarded as the appropriate authorities for the protection and education the socialist society in Czechoslovakia.
2
Dobeš, Milan. "The Specifics of the Crime of Defamation of Nation, Race and Beliefs in Socialist Czechoslovakia (in Contemporary Application Practice)." In International Legal History Meeting of PhD Students. Masaryk University Press, 2024. https://doi.org/10.5817/cz.muni.p280-0628-2024-18.
Full textAbstract:
The crime of defamation of nation, race and belief is still one of the institutions by which states ensure peaceful coexistence between their citizens. This offence was similarly regulated in the criminal legislation of socialist Czechoslovakia. One of its most distinctive features, characteristic of the entire communist rule, was the protection of supporters of the socialist social and state system. This regulation also de facto ensured the criminalization of public criticism of the Communist Party, its policies and also their representatives. This paper summarizes the normative regulation of this criminal offence from the communist seizure of power in 1948 to the fall of this totalitarian regime and the changes that occurred in Czechoslovak criminal law in 1990. The paper also uses examples from the contemporary application practice of the District Court for Prague 1.
3
Horvath, Fabian. "The Judicial Practice of Hungarian People’s Courts in the Trials of Certain Administrative Officials 1945–1950." In International Legal History Meeting of PhD Students. Masaryk University Press, 2024. https://doi.org/10.5817/cz.muni.p280-0628-2024-13.
Full textAbstract:
This study aims to present some of the proceedings against public officials in the Hungarian People’s Court and examine whether the jurisprudence of the People’s Court panels in these cases differed significantly. Numerous excellent academic works have been written on the general perception of People’s Courts, the dogmatic analysis of the judiciary, and the most famous trials. What is lacking, however, is an analysis of the trials of the people’s courts from the perspective of proceedings against civil servants of the “ancien regime”, which were specifically used as a tool for communist positioning. In this study, I will explain the development of the Hungarian People’s Courts and its procedural rules. I will describe and examine the essence of some criminal cases brought against Horthy-era public officials in the People’s Court, highlighting typical procedural violations and political decisions. I have classified the trials covered by this research into two categories: trials against municipal officials and chief bailiffs.
4
Muzychuk, A. E. "INSTITUTE OF PARTICIPATION IN CRIME IN SOVIET CRIMINAL LAW." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.11.
Full text
5
Chuitofa, A. O. "INSTITUTE OF UNACCEPTABLE EVIDENCE IN THE CRIMINAL PROCEEDINGS OF RUSSIA: LAW ENFORCEMENT PROBLEMS." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.16.
Full text
6
Kononkova, N. V., and E. A. Fefelov. "SOME FEATURES OF THE INSTITUTE CONFISCATION OF PROPERTY IN CRIMINAL LAW RUSSIAN FEDERATION." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.8.
Full text
7
Kulakova, V. A. "ORGANIZED CRIME AND ACTION PROVIDED BY ARTICLE 210.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2021. http://dx.doi.org/10.22250/lsr.2021.10.
Full text
8
Kurtovic, Minela. "KRIVIČNA I PREKRŠAJNA ODGOVORNOST PRAVNIH LICA U PRAVNOM PROMETU 20182018ZBORNICISAVREMENI PRAVNI PROMET I USLUGE." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.1113k.
Full textAbstract:
Over the course of history, the rapid development of the economy and modern civilization, the process of globalization has led to an increase in socially harmful activities of legal entities, which today has become one of the more important problems of society. Companies that have a monopoly of business have become economically stronger than some countries of the world, while on the other hand their undefined legal status, primarily their criminal and misdemeanor liability, creates incalculable adverse consequences. The criminal right of the foundation of criminal responsibility based the principle of the subjective responsibility of a man for the committed criminal act, which as a result was fully accepted by the scientific majority. The next time there are newspapers regarding the introduction of another kind of responsibility based on the principle of consequences and that of objective liability. As one of the forms of objective responsibility is the responsibility of legal persons for criminal offenses, which will be discussed more in this paper. In spite of this, the position of legal entities in the current legislation, criminal offenses and offenses committed in legal transactions, responsibility of legal persons and responsible persons of a legal entity remains a problem are just some of the issues that we will look at in this paper.
9
Ahmedov, Ruslan, Ekaterina Voyde, Damir Ahmedov, and Evgeniya Manuilova. "Genesis of ethno-confessional organized criminal formations in Russia." In Development of legal systems in Russia and foreign countries: problems of theory and practice. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-38-44.
Full textAbstract:
The article is devoted to the study of the genesis of ethno-confessional organized crime groups in Russia. The characteristic features of such groups, their tasks and goals are considered. The reasons and history of the emergence of the first criminal ethno-confessional organizations in Russia. The relevance of the problem in the modern period of time. And also, it was concluded that at present, the primary task of the legislator should be the initiative to revise regulatory legal acts, expand the legal framework, in order to counteract this kind of negative social manifestations, taking into account the specifics of the development of modern religious organized crime groups.
10
Milovanov, N. M. "On the history of the development of the security institute for participants in criminal legal proceedings." In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-12-2019-02.
Full textReports on the topic "Ottoman Criminal Legal History"
1
Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.
Full textAbstract:
The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity