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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
11
Miller, Ruth. "The Legal History of the Ottoman Empire." History Compass 6, no. 1 (2008): 286–96. http://dx.doi.org/10.1111/j.1478-0542.2007.00492.x.
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van den Boogert, Maurits H. "Written Proof Between Capitulations and Ottoman Kadi Courts in the Early Modern Period." Turkish Historical Review 12, no. 1 (2021): 1–18. http://dx.doi.org/10.1163/18775462-bja10018.
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Abstract The introduction of legal reforms in the sixteenth century that gave the Hanafi school its central place in the Ottoman legal system coincided with the arrival of new trade partners from the West, first France and later England and the Dutch Republic. The Ottoman authorities’ own emphasis on the primacy of written proof and the marginalization of oral testimony was also reflected in the privileges granted to these new arrivals from the West. Although many European ambassadors and consuls distrusted “Turkish justice”, the Ottoman legal system’s stability and predictability contributed considerably to creating favourable conditions of trade.
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Salati, Marco. "“He Wreaks Havoc on Earth”." Eurasian Studies 20, no. 2 (2023): 195–214. http://dx.doi.org/10.1163/24685623-20220132.
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Abstract This article draws attention to a criminal case recorded at the High Court of Ottoman Aleppo in 1655. Although extremely concise, the document is a good example not only of daily legal practice in an Ottoman court but also of the interaction between the judicial system and the urban elite in cases involving matters of public order that were perceived as particularly sensitive. The list of persons called before the court for an official statement of accusation is a sort of who’s who of Aleppine society. It includes some major Ottoman officeholders of the mid-17th century who were resident in Aleppo and other local notables.
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Asa'ari, Asa'ari. "DAMPAK KAPITULASI TERHADAP PERADILAN TURKI UTSMANI." Islamika : Jurnal Ilmu-Ilmu Keislaman 18, no. 02 (2019): 49. http://dx.doi.org/10.32939/islamika.v18i02.310.
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Abstract: The Ottoman Empire stood above Sharia’s Islam, which at first was only a sultanate and then its power expanded to the gates of Vienna (Austria), the North African region, Arabia and its territory to Aceh Darussalam. The Legal Capitulation Treaty was favorable in the heyday, because traders were stimulated to carry out activities in the Ottoman ports, especially in Istanbul. Significant increase in the country's foreign exchange, so that large activities are carried out without any monetary shock. After a leadership crisis, this legal capitulation agreement has been fruitful. More and more foreign consuls, expanded treaties and sharia judgments began to lose function because many Christian citizens and Jews who had never known the French, British and other European countries had taken refuge behind the Capitulation agreement which had privileges in tax relief, immune from civil or criminal law. This led to the secularism of Ottoman law which contained European law material. There is an uncontrolled Tanzimat, it should only be in the field of military and economic technology and strategy but has penetrated the judicial system and legal material. Which ends with the loss of Ottoman sovereignty.
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Boogert, Maurits van den. "Provocative Wealth: Non-Muslim Elites in Eighteenth-Century Aleppo." Journal of Early Modern History 14, no. 3 (2010): 219–37. http://dx.doi.org/10.1163/157006510x498004.
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AbstractIn the Western sources, the Ottoman legal system is often portrayed as unreliable and incidents of Europeans or Ottoman protégés of Western embassies and consulates who claimed to have been maltreated abound. These reports strengthened the common notion in Europe that Ottoman government officials were rapacious and corrupt. The article challenges these views by analyzing two incidents from 18th-century Aleppo, which shed light not only on the dynamics of Ottoman-European relations on the ground, but also on the status of non-Muslim elites in the Ottoman Empire.
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Bandžović, Sead. "The position and competencies of Qadis in Ottoman legal system." Historijski pogledi 3, no. 4 (2020): 28–46. http://dx.doi.org/10.52259/historijskipogledi.2020.3.4.28.
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Qadis were representatives of judicial branch in Ottoman Empire. The origin of this legal institute comes from the early development phase of islamic state – Omeyyad dinasty when the first rulers and later caliphs apointed qadis for solving disputes. For their appointment in Ottoman Empire qadiasker (military judges) were competent. Each of these judges appointed qadis and religious scolars (muderis) in their area of administration: Rumelian or Anatolian. As members of ulema (religious scolars) qadis enjoyed huge reputation in Ottoman Empire with high degree of independence and integrity in their work. The area under qadis jurisdiction was called kadiluk (or kaza). One sanjak (bigger administrative unit in Ottoman Empire) could be divided in more kadiluks depending on density of muslim population. Qadis were engaged in solving marriage, family and other disputes, regulating prices on the market, securing the public order, control over mosques, religious schools, public bathrooms, orphanages, roads and other legal duties. Together with muhtesibs they controlled the procurement in cities where they served and also in giving the waqf land into lease (mukat). Qadis were educated in medresas (seymaniye schools) and depending on their competence and knowledge they could go further on higher positions in Ottoman legal and administrative system. Beside the implementation of Sharia Law, functions of Qadi was also specific due to the judicial procedure. Ottoman criminal law made a difference between criminal offences against the rights of individuals (murder, theft) and the one against God – so called Hadd offences (consumation of alcohol, apostasy, slander, illicit sexual intercourses, robbery, rebellion). According to the type of offence the procedure could be started by the impaired person, his relatives or any member of the community since the Ottoman law did not know the institute of public prosecutor. When it comes to the inaction of punishments, the principle of legality was important as also the minimum degree of doubt that the person perpetrated the crime for which he was charged so in cases of incompatibility between offence and sharia law no other legal actions were taken. During the procedure qadis used the principle of justice and fairness (arabic: hukm, adl, mizan, insaf) where every Muslim had to follow and achieve it in his life. On the other side there was injustice (Zulm). Connected with the justice there was istihsan as a subsidiary source of law. The judging on basis of fairness was inspired by reasons of conciousness which allowed to divert from the current law if it led towards unfair solution. Istihsan was not superior over Sharia law but it represented its constitutive part. Its impelementation allowed Sharia Law to be flexible and to adjust itself to current needs. Qadis who used istihsan could in concrete case retreat from the legal norm, which according to their legal opinion was legally either too narrow or wide, in order to find fair solution. In order to protect other involved parties in procedure different procedural principles (principle of legality, right to defence, prohibition of retroactive application of law) were created where a lot of them are part of todays modern legal systems.
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Eki̇nci̇, Ekrem Buğra. "Fratricide in Ottoman Law." Belleten 82, no. 295 (2018): 1013–46. http://dx.doi.org/10.37879/belleten.2018.1013.
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This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shāhzādah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shāhzādahs. Revolting against the sultan or even planning to revolt are crimes according to Islamic/Ottoman law. The execution of those members of the dynasty who had not taken part in a revolt was legislated by the "Code of Sultan Mehmed the Conqueror," which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shāhzādahs who have not taken part in a revolt is politically correct, but contrary to Islamic law. The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulemā (Ottoman scholars) based their judgment on.
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Sabev, Orlin. "How to Manage the Unmanageable: Inconsistent Ottoman Strategies to Prevent Prostitution." Turkish Historical Review 12, no. 1 (2021): 19–46. http://dx.doi.org/10.1163/18775462-bja10003.
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Abstract Based on narratives, including ‘urban legends’, and Ottoman archival sources, this article deals with prostitution in the Ottoman Empire in view of its legal and judicial treatment according to both Sharia and sultanic law. Ottoman policies towards prostitution included measures and punishments ranging from milder (imprisonment, expulsion, taxation, legalization of brothels) to harsher (death sentence and corporal punishment). Since the Ottoman Empire included territories of a great variety of peoples and local customs the measures applied changed over time and varied across places. The author puts forward the hypothesis that the harshness of punishment depended perhaps also on the impact of conservative religious circles such as the Kadizâdelis and Mujaddidiyah.
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Ceyhan, Muhammed. "Continuity and Change: the Missed Historical Background of the Turkish Legal Revolution." Turkish Historical Review 13, no. 1-2 (2022): 67–85. http://dx.doi.org/10.1163/18775462-bja10034.
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Abstract The Republic of Turkey, built on the ruins of the Ottoman Empire, has carried out, as in many other areas, a wide-ranging and radical revolution in the field of law; yet, it should be noted that this revolution was founded on the Ottoman Empire’s legacy of innovation and constituted its continuation. How this reality has been evaluated and perceived after the establishment of the Republic of Turkey, however, is a matter of debate. In this article, the legal changes in the period from 1839, when the reforms began, to the end of the 1930s, when they were completed, are considered as a continuum. In this context, the article evaluates how the interaction between Islamic and state law and the Ottoman legacy have been perceived during the period of the Republic of Turkey with a focus on reform in the field of civil law.
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Stephens, Julia. "Legal History between the Humanities and Social Sciences." Comparative Studies of South Asia, Africa and the Middle East 39, no. 2 (2019): 349–53. http://dx.doi.org/10.1215/1089201x-7586852.
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Abstract This Kitabkhana contribution situates Beshara Doumani's Family Life in the Ottoman Mediterranean: A Social History within recent trends in the field of legal history. Doumani's hybrid method, which combines quantitative analysis with qualitative case studies, presents a particularly fruitful model for new work in the field.
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RUBIN, AVI. "Legal borrowing and its impact on Ottoman legal culture in the late nineteenth century." Continuity and Change 22, no. 2 (2007): 279–303. http://dx.doi.org/10.1017/s0268416007006339.
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ABSTRACTThe article sheds fresh light on socio-legal change in the Ottoman Empire during the late nineteenth century by focusing on the legal culture that emerged in the newly established Nizamiye court system. It is argued that a characteristic Nizamiye discourse that emphasized procedure mirrored the syncretic nature of this judicial system. This syncretism was a typical outcome of legal borrowing, encompassing both indigenous and foreign legal traditions. In addition, the article points to the possible impact of the new legal culture on judicial strategies employed by litigants. The accentuation of procedure opened up new litigation opportunities for the wealthier classes while disadvantaging and alienating the lower strata of society. Yet Ottoman law also provided some legal solutions for the lower orders.
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ΑΝΑΣΤΑΣΟΠΟΥΛΟΣ, ΑΝΤΩΝΗΣ, та ΕΛΕΝΗ ΓΚΑΡΑ. "ΟΘΩΜΑΝΙΚΕΣ ΑΝΤΙΛΗΨΕΙΣ ΠΕΡΙ ΕΓΚΛΗΜΑΤΟΣ ΚΑΙ ΤΙΜΩΡΙΑΣ". Μνήμων 21 (1 січня 1999): 37. http://dx.doi.org/10.12681/mnimon.728.
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<p>Antonis Anastasopoulos - Eleni Gara, Ottoman perceptions of crime andpunishment</p><p>The present essay deals with aspects of Ottoman justice and consists offour parts. Part I (Law transgression and court) discusses the prerequisitesfor a case to come up for hearing at the Ottoman sheriat court. Aseventeenth-century litigation from the town of Veria (Karaferye) servesas a model in order to define criminal behaviour and to demonstratehow private differences acquire both a public and legal meaning whenbrought to court. Part II (Proving an accusation) is focused on the issuesof evidence and testimony as a vital part of the legal procedure, usingas example an eighteenth-century litigation from Istanbul. Part III(Sentence and settlement) deals with the issues of the sentences that the kadi passed, and of out-of-court settlements as an alternative legalinstitution, which was recognized and respected by the Ottoman judges.Part IV (Authority abuse as a crime) treats justice as protection of thereaya from the abuses of the askeri in the context of the official stateideology. Stress is put on the use of formulas in documents. Those formeda code that allowed both the subjects of the empire and its authoritiesto enter a variety of illegal acts under the easily recognizable headlineof «oppression» and to treat them accordingly.The basic idea that permeates the article is that Ottoman justicewas dispensed on the basis of fixed principles and procedures, and thatit is incorrect to treat the kadi as an arbitrary judge who adjudicatedat whim. These principles and procedures, though originating to a greatextent in the Islamic holy law, can be considered as Ottoman in thesense that they were redefined and given a new meaning within theEmpire's legal framework. Lastly, throughout the article special emphasisis put on the use of records of litigations, especially kadi sicilleriand ahkâm defterleri, as a means of reconstructing the Ottoman systemof dispensation of justice and of establishing the degree of its conformityto and deviation from the Islamic sheriat.</p>
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Rubin, Avi. "Modernity as a Code: The Ottoman Empire and the Global Movement of Codification." Journal of the Economic and Social History of the Orient 59, no. 5 (2016): 828–56. http://dx.doi.org/10.1163/15685209-12341415.
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Codification was a founding feature of Ottoman legal reform from the 1840s until the demise of the empire. This article seeks to situate the Ottoman project of codification in the context of the global codification momentum, which set the ground for a transnational common imagination of the law during the “long nineteenth century”. When analyzed from the perspective of glocalization, Ottoman codes, much like codes elsewhere, stand out as essential signifiers of modernity in the socio-legal sphere.
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Baldwin, James E. "Prostitution, Islamic Law and Ottoman Societies." Journal of the Economic and Social History of the Orient 55, no. 1 (2012): 117–52. http://dx.doi.org/10.1163/156852012x628518.
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AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.
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Koç, Yunus. "Erken Dönem Osmanlı Yönetiminin Kanunlaşma ve Devletleşme Süreci / Legalisation and Statehood Process of Early Ottoman Administration." KAMU Hukuk ve Yönetim / PUBLIC, Law and Administration 1, no. 1 (2024): 31–49. https://doi.org/10.5281/zenodo.13150322.
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Ottoman law, as a field of study, has continued to attract the attention of both historians and jurists for a considerable time. In addition to historians such as Ömer Lütfi Barkan and Halil İnalcık, legal historians such as Coşkun Üçok, Ahmet Mumcu, Mehmet Akif Aydın, Ahmet Akgündüz have discussed Ottoman law both theoretically and in terms of sources. Thanks to the studies on thousands of volumes of legal texts that have survived to the present day thanks to the bureaucratic structure of the Ottoman Empire, we can follow the nature of Ottoman law, the relationship between şer' and customs, the course of development of statutes, and the way legal norms are implemented in the courts. However, despite all these researches, the issue of addressing Ottoman statehood and its connection with law at a theoretical and empirical level from a comparative perspective still seems to need to be discussed. It is worth considering a number of questions, especially regarding the early legal structure of the Ottomans. It is possible to list these questions as follows: What kind of opportunities and flexibilities did the Ottoman principality continue to develop by creating legal norms during its formation and development? While legal norms in the early Ottoman administration manifested themselves in the form of orders, decrees and prohibitions, through what processes did the bureaucracy ensure the dissemination and acceptance of these norms? What were the advantages and disadvantages of applying these principles? How did the norms and principles produced on issues that directly concern the public, such as administration, land, taxes and trade, affect the developments in the center-provincial relations of the state and nationalization over time? At the end of all these, how did the Ottoman Empire dominate a wide geography for hundreds of years and influence the course of society-state relations into legalization and transformation into a bureaucratic state? How did the Ottoman Empire become a state of law? Answering these questions raises important issues of discussion and inevitably deserves an explanation. In this study, we will try to find answers to the questions mentioned above and similar ones.
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Lévy-Aksu, Noémi. "An Ottoman variation on the state of siege: The invention of theidare-i örfiyyeduring the first constitutional period." New Perspectives on Turkey 55 (November 2016): 5–28. http://dx.doi.org/10.1017/npt.2016.19.
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AbstractThis paper focuses on a little-known aspect of the first constitutional period in the Ottoman Empire: the introduction ofidare-i örfiyye(an equivalent of the state of siege) into the Ottoman legal system. With a name rooted in the Ottoman legal tradition and a definition clearly inspired by the nineteenth-century French “état de siège,” theidare-i örfiyyewas a case of legal hybridization that combined the Ottoman political and legal tradition with transnational (or transimperial) legal circulation. This paper seeks to understand how and why different legal references were combined in order to make it possible, under exceptional circumstances, to suspend the ordinary legal order. At the same time, it analyzes the first application of theidare-i örfiyye, which occurred during the Russo-Turkish War of 1877–1878, to show how local and diplomatic reactions to this exceptional state of affairs were crucial for the further definition of the notion. Through a critical approach to legal texts and archival documents, the article discusses how various legal sources, the political context of the early Hamidian reign, and local experiences all shaped the notion ofidare-i örfiyye, soon transforming it into a tool of government for exceptional and (more frequently) non-exceptional times.
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Hanley, Will. "International Lawyers without Public International Law: The Case of Late Ottoman Egypt." Journal of the History of International Law 18, no. 1 (2016): 98–119. https://doi.org/10.1163/15718050-12340053.
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This essay is part of a pioneering special issue on Ottoman international law, and analyses the work of several Egyptian and Ottoman lawyers focused on the understudied field of private international law. It argues for greater attention to the history of private international law by examining lawyers and functionaries in Ottoman and post-Ottoman Egypt, an especially productive site for the resolution of disputes about domicile and nationality, not to mention trade and investment. I pays particular attention to 'Abd al-Hamid Abu Haif, an Egyptian jurist who prepared a pioneering Arabic-language study of private international law. Close examination of the writings of Abu Haif (as well as those of Gabriel Noradounghian and other late Ottoman lawyers) demonstrates that Ottoman legal history is fertile ground for analyzing the questions of individual status and affiliation that lie at the heart of the (notoriously convoluted) field of conflict of laws.
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Ergene, Boğaç. "Why Did Ümmü Gülsüm Go to Court? Ottoman Legal Practice between History and Anthropology." Islamic Law and Society 17, no. 2 (2010): 215–44. http://dx.doi.org/10.1163/092893809x12519895111144.
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AbstractThis article offers a critical assessment of the existing literature on Ottoman courts of law, which characterizes the court's operations as single-mindedly legalistic and socially disinterested. There is a conceptual discrepancy between this literature and recent legal and anthropological studies of modern Islamic courts, which highlight the influence on the court's actions of communal considerations, such as the desire to make peace among disputants. With reference to a specific rape incident in eighteenth-century Anatolia, I propose in this article a characterization of Ottoman legal practice that acknowledges the contextual and socially-bounded nature of the court's actions.
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Delilbaşı, Melek. "Abstract." Belleten 51, no. 199 (1987): 102–6. http://dx.doi.org/10.37879/belleten.1987.102.
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In the present study we dwell upon the circumstances under which Thessaloniki and Ioannina came under Ottoman sovereignty. These two towns were conquered by Murad II within an interval of seven months. This study is based upon Byzantine, Ottoman and Latin sources; we have also studied the information gleaned from Byzantine sources about Ottoman policies of conquest. As Thessaloniki became part of the Ottoman realm by conquest, while Ioannina did so by conforming to the Sultan to surrender, different policies were applied to the two cities. The conquests of Murad II have been studied not with the present value judgements in mind, but considering the conditions and necessities of the fifteenh century. The conquest is viewed within the framework of Ottoman conquest policies based upon on Fıkıh (the Muslim religious and legal Code).
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Safrastyan, R. "OTTOMAN EMPIRE: THE FIRST ATTEMPTS TO REFORM THE STATUS OF NON-MUSLIM SUBJECTS (1791-1837)." Scientific heritage, no. 127 (December 26, 2023): 17–18. https://doi.org/10.5281/zenodo.10432157.
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The pre-Tanzimat reform era is a significant but often neglected period in the history of the Ottoman Empire.In this article, we explore the endeavors of Ottoman leaders during this time to quell the national liberation movement of Christian subjects of the empire by making commitments to improve their legal standing.
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Salati, Marco. "A Legal Dispute Over the Leadership of the Zayniyyah Sufi Order in Aleppo as Recorded in a Document from the Ottoman Court Records (1098/1687)." Oriente Moderno 93, no. 1 (2013): 205–11. http://dx.doi.org/10.1163/22138617-12340009.
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Abstract This article examines the situation of a not well-known local sufi Order of Ottoman Aleppo, the Zayniyyah, around the end of the 17th century, through the use of a legal document preserved in the Ottoman Court Records of the city. By recording a dispute over the leadership of the order, the document constitutes precious evidence on the history of the Zayniyyah, the importance of organized Sufi brotherhoods in Ottoman Aleppo and the keen interest shown by the Ottoman power system in monitoring the activities and dealings of Sufi orders.
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Kandabarova, Tat'yana. "Criminal punishment: history and modernity." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 4 (2021): 84–88. http://dx.doi.org/10.35750/2071-8284-2021-4-84-88.
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The article discusses criminal punishment in historical and modern aspects. The term «criminal punishment» is multidimensional both in everyday and scientific understanding, functional properties are diverse. Without punishment there is no crime, and without crime there is no punishment. Hence the familiar phrase «crime-punishment». The role of criminal punishment in countering socially dangerous acts, its effectiveness causes discussion. The issues of sentencing at different times have always been and are receiving a lot of attention, both from legal scholars and from practitioners. The improvement of modern legislation in terms of criminal punishment gives reason to say that there is an understanding and research of the problems of the application of criminal punishment in modern society. Punishment expresses, on behalf of the State and society, a negative legal, social and moral assessment of the criminal act and the offender and consists in the deprivation or restriction of rights and freedoms provided for in criminal legislation.
 The purpose of this study is to study criminal punishment, its goals and practice of application, consideration of historical prerequisites. To achieve this goal, it is necessary: to investigate the institution of sentencing in the history of development, to study the current state of the institution of punishment, its goals and practice of application in modern Russia.
 The methodological basis of the work was made up of general scientific methods (historical, logical,
 system-structural, comparative legal analysis).
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GENÇOĞLU, Mustafa. "Türkiye’de İlk Özel Hukuk Okulu Açma Teşebbüsü." International Journal of Social Sciences 6, no. 24 (2022): 60–71. http://dx.doi.org/10.52096/usbd.6.24.4.
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In the classical period of the Ottoman Empire, legal education was given in madrasahs. However, with the change in the Ottoman Legal system that emerged with the Tanzimat reforms and the establishment of Western courts, qualified personnel trained with modern legal education were needed. In order to eliminate this deficiency, law education at the academic level has been started since 1970s. In our research, after the historical process related to modern legal education was given briefly, the details of the attempt to open the first private law school in Turkey were examined. This attempt was discovered by chance, thank to the documents found in the Maarif Nezareti, Heyet-i Teftişiye Fund, while studying in the archive about the history of education. In this study, the stage, purpose and result of this attempt will be tried to evaluate. Thus, it is aimed to form a basis for new researches on the subject. Keywords: Legal Education, Private Law School, Turkish Legal History
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Cheta, Omar Youssef. "A Prehistory of the Modern Legal Profession in Egypt, 1840s–1870s." International Journal of Middle East Studies 50, no. 4 (2018): 649–68. https://doi.org/10.1017/S0020743818000855.
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This article examines the emergence of a new corps of legal practitioners in Egypt during the 1860s and early 1870s. The proceedings of hundreds of merchant court cases in mid-19th-century Cairo are replete with references to deputies and agents (wukalā ; sing. wakı̄ l) who represented merchant-litigants in a wide range of commercial disputes. Examining how these historical actors understood Egyptian, Ottoman, and French laws, and how they strategically deployed their knowledge in the merchant courts, this article revises the commonly accepted historical account of the founding of the legal profession in Egypt. Specifically, it argues that norms of legal practice hitherto linked to the establishment of the Mixed Courts in 1876 were already being formed and refined within the realm of commercial law as part of a more comprehensive program of legal reforms underway during the middle decades of the 19th century. In uncovering this genealogy of practice, the article reevaluates the extent to which the khedival state shared a legal culture with the Ottoman center, and, simultaneously , created the space for a new form of legal representation that became ubiquitous under British, and, subsequently, postcolonial rule.
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Lanczová, Ingrid. "Historical and Current Perspectives on the Criminal Codes as Guarantees of Legal Security in Slovakia." Journal of Modern Science 59, no. 5 (2024): 156–73. http://dx.doi.org/10.13166/jms/192842.
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The author describes two crucial periods in Slovak legal history from the perspective of the principle of legal security in criminal law. Firstly, the 19th-century Criminal Code, known as the Csemegi Code, is at the center of attention as it ended the centuries-long legal insecurity resulting from the lack of criminal law codification. The author analyses its leading principles as the safeguard of legal security. In contrast, the second part of the article focuses on the second codification of criminal law in Slovak legal history, the Criminal Code of 1950. The author demonstrates how the totalitarian regime destroyed the principle of legal security in criminal law in Slovakia, only slowly rebuilding it after the death of Joseph Stalin through amendments in 1956 and new legislation in 1961. The current Slovak Criminal Code and Criminal Procedure Code have been in effect since 2006. In conclusion, the author draws attention to how the latest changes in criminal law codes caused turbulences and worries over the principle of legal security in Slovakia.
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Celik, Mehmet. "Reforming Criminal Justice in the Ottoman Empire: Police, Courts and Prisons in Rusçuk, 1839-1864." American Journal of Legal History 60, no. 2 (2020): 109–36. http://dx.doi.org/10.1093/ajlh/njaa004.
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Abstract This case study explores the experimentation phase of the Ottoman Tanzimat reforms on the criminal justice system in the city of Rusçuk from 1839-64. In particular, it investigates crime and punishment by focusing on police, courts, and prisons and how these institutions responded to reform efforts in Rusçuk, which became the capital of the Danube Province in 1864. It shows that the Ottoman government established new police forces (zaptiye) and modernised prisons in the city in 1846 immediately after their introduction in the imperial capital of Istanbul. At the same time, the government bestowed extensive judicial authority on the meclis-i kebir (a secular administrative council in the provinces), and to a lesser extent on the meclis-i muvakkat (temporary council), over criminal cases. While the Sharia courts continued to enforce Islamic criminal law, the meclis-i kebir took charge of enforcing the new penal codes of 1840, 1851, and 1858, and served as a precursor first to the secular courts of the 1864 Provincial Reform and then to the more centralised and standardised nizamiye courts of the 1870s. This study also analyses the types and frequency of crimes and the penalties they received. Based on Rusçuk’s prison registers, which contain the cases tried by the meclis-i kebir and meclis-i muvakkat, and the records of the meclis-i vala (Supreme Court) in Istanbul, it argues that the crime rate in Rusçuk was much higher than the one represented in the Sharia court’s records.
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Manasek, Jared. "The High Stakes of Small Numbers: Flight, Diplomacy, and Refugee Return on the Habsburg-Ottoman Border 1873–74." Austrian History Yearbook 51 (March 19, 2020): 60–72. http://dx.doi.org/10.1017/s0067237820000089.
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AbstractThis article examines the causes and repercussions of the flight of two-dozen Orthodox Christian merchants from Ottoman Bosnia to Habsburg Croatia in 1873. The seemingly minor event quickly escalated from an isolated border incident to a full-blown diplomatic crisis-defused only with the merchants' repatriation, the recall of a Habsburg consul, and the removal of the Ottoman provincial governor and other officials. After outlining the course of events and increasing Ottoman-Habsburg tensions, the article turns to the refugees' efforts to affect the outcome of emerging crisis. Although ultimately of little influence, the refugees' sophisticated invocation of international legal norms reflected a largely conservative trust in the international system's ability to rectify perceived violations of treaty terms-a belief that quickly vanished after the outbreak of the Eastern Crisis in 1875.
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Dannies, Kate, and Stefan Hock. "A Prolonged Abrogation? The Capitulations, the 1917 Law of Family Rights, and the Ottoman Quest for Sovereignty during World War 1." International Journal of Middle East Studies 52, no. 2 (2020): 245–60. http://dx.doi.org/10.1017/s002074382000001x.
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AbstractThe 1917 promulgation of a new Ottoman family law is recognized as a landmark moment in the history of Islamic law by scholars of women and gender in the Middle East. Yet the significance of the 1917 law in the struggle over religious jurisdiction, political power, and Ottoman sovereignty has been overlooked in the scholarship on both Ottoman legal reform and World War 1. Drawing on Ottoman Turkish, German, French, and English sources linking internal interpretations of the law and external reactions to its passage, we reinterpret adoption of the family law as a key moment in the geopolitics of World War 1. We demonstrate that passage of the law was a critical turning point in the wartime process of abrogating the capitulations and eliminating the last vestiges of legal extraterritoriality in the Ottoman Empire. The law is situated in its wartime political context and the geopolitical milieu of larger Europe to demonstrate that, although short-lived, the 1917 family law was a centerpiece of the wartime struggle to define extraterritorial rights of the Ottoman Empire, the Great Powers, and their protégés within the empire.
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Fedorov, Aleksandr V., and Mikhail V. Krichevtsev. "The History of the Development of the French Laws on Criminal Liability of Legal Entities." Russian investigator 1 (February 1, 2018): 46–56. http://dx.doi.org/10.18572/1812-3783-2018-1-46-56.
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The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.
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Dubber, Markus D. "The Comparative History and Theory of Corporate Criminal Liability." New Criminal Law Review 16, no. 2 (2013): 203–40. http://dx.doi.org/10.1525/nclr.2013.16.2.203.
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An exercise in comparative legal history and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was widely accepted in both common law and civil law countries at least since the Middle Ages, and that rejection of corporate criminal liability was complete neither in England before 1800 nor in Germany after 1800.
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Burdekin, Richard C. K., and Meric Keskinel. "Liquidity preference and interest-bearing money: the Ottoman Empire, 1840–1851." Financial History Review 20, no. 1 (2013): 91–102. http://dx.doi.org/10.1017/s0968565013000012.
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Legal restrictions theory suggests that interest-bearing money would dominate if there were no legal impediments precluding competition with non-interest-bearing currency. There are very few historical examples with meaningful issues of interest-bearing currency, however, and these tend to occur during extreme circumstances like civil war. The Ottoman Empire in the 1840s offers an unusual opportunity to observe large-scale issuance of interest-bearing notes under stable conditions over an extended period of time. This experience features government-issued interest-bearing money circulating in the absence of legal restrictions – with the data pointing to a liquidity preference favouring the smaller denominations most useful in daily transactions.
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GINGERAS, RYAN. "Beyond Istanbul's ‘Laz Underworld’: Ottoman Paramilitarism and the Rise of Turkish Organised Crime, 1908–1950." Contemporary European History 19, no. 3 (2010): 215–30. http://dx.doi.org/10.1017/s0960777310000135.
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AbstractAlthough the Turkish mafia is increasingly recognised as a powerful force in the ongoing trade in weapons, narcotics and people in Europe and beyond, there are few critical histories of organised crime's origins in Turkey. Rather than present some pedantic general survey of the history of organized crime in modern Turkey, this essay attempts to address two broader critical points of departure. First, how did Anatolia's journey from imperial to republican rule impact, and how was it impacted by, criminal gangs? Second, how do we situate the experience of modern gangs in Turkey in a global context? In attempting to answer these questions, this paper looks at the development of criminal syndicates among Laz migrants in the greater Istanbul area during the first half of the twentieth century. The case of the Laz shows particularly how war, migration, imperial politics, urbanisation and the rise of the international drug trade shaped the parallel development of organised crime and the nascent Turkish Republic.
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Miyase. "Evolutionary Secularisation of the Ottoman Law in the Nineteenth Century: Roots and Implications." Eskiyeni, no. 44 (September 20, 2021): 385–408. https://doi.org/10.37697/eskiyeni.959071.
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In the world history, the nineteenth century witnessed globally major economic, politic, and social changes. More importantly, their implications constitute today’s challenges particularly for modern Muslim-majority states where the tension between state, religion and society has not been settled. There is no doubt that looking at the past where the separation between <em>sharī‘a</em> and state started clearly to appear serves for a better understanding of today’s struggle in locating the role of <em>sharī‘a</em> in legal systems of modern Muslim-majority states. Many of them, i.e. the Middle Eastern and some North African states are the successors of the Ottoman Empire. The Ottomans ruled over continents for centuries thanks to their well-established governmental policy and legal system. However, they were also obliged to introduce some remarkable changes in social, political and legal spheres in the nineteenth century. The era is generally called as the process of Ottoman modernization and secularisation referring to <em>Tanzimat</em> Edict and following legal reforms. This study seeks to analyse the way Ottoman law has been transformed in the nineteenth century, as well as its roots, challenges and implications. To this end, the paper offers an answer to the questions as to whether secularisation of Ottoman law was evolutionary or revolutionary, why it had to go through a process of secularisation, and to what extent classical Ottoman system could serve this secularisation process. To address these inquiries, the study is divided into two principle sections: the first part evaluates the classical Ottoman legal system and its religious and non-religious characters, arguing that the Turkish state tradition with its influence on government and law making were in fact the changeable features of the Ottoman law. The second part examines the process of secularisation of law from the pre-<em>Tanzimat</em> period to the end of the Ottoman Empire. This part reveals that secularisation of the Ottoman law was of evolutionary character, and that reforms were introduced thereafter for practical purposes, i.e. meeting contemporary needs and necessities, and not for the sake of philosophical and political considerations. However, these attempts led to a gradual secularisation of the Ottoman law, and further culminated in a revolutionary approach in the republican era.
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Buzescu, Gheorghe. "Legal irresponsibility." TechHub Journal 7 (December 31, 2024): 249–61. https://doi.org/10.47577/techhub.v7i.127.
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Committing a crime always creates an imbalance in society, requiring a reaction of "self-defense" from it. From the creation of the first forms of state organization, the task of punishing those who violated the norms of social coexistence was taken over by the state, no longer left exclusively to the injured parties. Initially, there was no clear distinction between forms of liability, with civil and criminal liability often conflated. Later, this distinction was made, with the state assuming the responsibility for criminal liability, while civil liability remained primarily the responsibility of the injured parties. It is indisputable that throughout history, madness has been a cause for excluding the culpability of the perpetrator. Thus, since antiquity, insane individuals were not subject to criminal punishment but could be held civilly liable. Roman law did not punish the insane. Likewise, irresponsibility was a cause for excluding criminal wrongdoing in both canon law and barbarian law. However, during the Middle Ages, some mentally ill individuals were regarded as "possessed by the devil," a classification that attracted harsher penalties than for sane individuals. The concept of not punishing irresponsible individuals due to a lack of discernment became widely accepted later, during the Renaissance, under the influence of humanist ideas. In doctrine, criminal liability is defined as the most severe form of legal liability, involving the obligation of an individual to answer before the criminal investigation bodies and then before the court for acts committed that are provided for in criminal law, the obligation to endure coercive measures prescribed by law for committing the crime, and the obligation to serve the imposed penalty. According to the Criminal Code, "a crime is the sole basis of criminal liability," with the crime being the cause of criminal liability, and the application of criminal sanctions as its consequence. Thus, Article 15 paragraph (1) of the Criminal Code outlines the essential features of a crime: typicity (the act must be provided for by criminal law both in its subjective and objective aspects), unlawfulness (the act must be unjustified and illicit), and culpability. These three conditions must be cumulatively met; the absence of any of them eliminates criminal liability. This paper necessitates a profound analysis of irresponsibility from both a criminal and psychological perspective, as it holds significant importance in the institution of criminal liability. For an act stipulated by criminal law to constitute a crime, the perpetrator must be in full possession of their mental faculties, capable of understanding their conduct and its consequences. Consequently, human behavior can be restricted by legal norms only when it is exhibited by an individual capable of controlling their actions. Therefore, in the absence of the biopsychophysical aptitude necessary and indispensable to a mentally healthy individual, such a person cannot become the subject of a juridical-criminal constraint relationship, as they are considered irresponsible. Criminal law exclusively sanctions individuals with appropriate behavior within the limits of normality.
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Karamursel, Ceyda. "Transplanted Slavery, Contested Freedom, and Vernacularization of Rights in the Reform Era Ottoman Empire." Comparative Studies in Society and History 59, no. 3 (2017): 690–714. http://dx.doi.org/10.1017/s0010417517000226.
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AbstractThis article focuses on the jurisdictional conflicts that emerged at the juncture of the transplanted legalities that followed the Caucasian expulsion in the 1850s and 1860s, the proclamation of the proto-constitution known as the Ottoman Reform Edict of 1856, and the internationally enforced ban on trading in African slaves in 1857. Starting with the Caucasian expulsion, it traces how legal practices were carried over with Caucasian refugees to the Ottoman domains and how the judicial management of slavery-related conflicts determined not only the limits of slavery, but also how such liberal “fictions” as freedom or equality before the law were vernacularized by local agents in the Ottoman Empire. Navigating within a set of what were labeled as freedom suits (hürriyet davaları), I examine how enslaved refugees built their claims in relation to different legal terrains, problems, and concepts. I argue that while Caucasian-Ottoman slavery was economically marginal, it nonetheless posed serious challenges to the new political order the Ottomans aspired to establish, and the abolition that never came continued to bend categories of ethnicity, race, and gender in the decades after expulsion.
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Bernssen, Siri Elisabeth. "Liability Assessments and Criminal Responsibility in Norwegian Legal History." Bergen Journal of Criminal Law & Criminal Justice 5, no. 1 (2017): 59. http://dx.doi.org/10.15845/bjclcj.v5i1.1353.
Full textAbstract:
The general content of the assessment of intent was explicitly clarified for the first time in a Norwegian criminal code when the 2005 Criminal Code and its §22 came into force on 1 October 2015. Until the Criminal Code of 1902, the subjective requirement for liability was regulated solely in individual regulations, and even though intent pursuant to §40 in this Code was established as a general main rule, it was still up to the courts to report on the content of the judgement. Thus it is clear that development towards a more and more defined and nuanced study of criminal liability took place gradually. This article goes even further back in time and looks at how the discussion of liability and responsibility changed between 1642 and 1799, with particular emphasis on intent and related criteria. This will be achieved by analysing 32 cases of infanticide registered with the Hordaland district court (bygdeting), which at this time was the first instance in the legal system.
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Tovsultanov, R. A., M. Sh Tovsultanova, and L. N. Galimova. "Criminal Legal Protection of the Forest: History and Modernity." SHS Web of Conferences 172 (2023): 05019. http://dx.doi.org/10.1051/shsconf/202317205019.
Full textAbstract:
The purpose of this scientific article is to consider the specifics of development, some improvement of the modern reflection of the criminal law protection of the forest in the domestic criminal legislation.The following methods were used in the work: dialectical, logical, formal-legal, comparative-historical and many others.On the basis of the study, it is stated that it is the indication of the “damage” caused by the offenses we are considering that serves as a fundamental criterion for distinguishing crimes from related acts. Since otherwise, as it was before the recent change in Art. 261 of the Criminal Code of the Russian Federation, for law enforcement agencies there was a problem of clearly distinguishing the nature of the unlawful act committed by the guilty person.The domestic legislator is pointed out the need to analyze the correctness of his definition of the object applicable to the act reflected in Art. 191 of the Criminal Code of the Russian Federation.
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Samuilov, Filip. "Legal and Historical Overview of LGBTIQ+ Rights in the 19th and 20th Centuries on the Territory of the Republic of Bulgaria." Yearbook of the Law Department 12, no. 13 (2023): 176–95. https://doi.org/10.33919/yldnbu.23.12.8.
Full textAbstract:
The aim of this study is to challenge the stereotypes that non-heterosexual orientation and various gender identities are not manifestations of either a “decadent West” or a passing trend. On the contrary, heterosexism and homophobia intensified and became dominant doctrines during the 19th and 20th centuries, even in societies where same-sex relationships were not initially criminally persecuted. In my legal-historical analysis, I focus not only on the period after the restoration of Bulgarian statehood following the adoption of the First Constitution in 1879 but also on the time before that, when Bulgarian society existed within the boundaries of the Ottoman Empire during the Tanzimat era. An important moment for the analysis is the decriminalisation of same-sex relationships in 1858 in the Ottoman Penal Code. I will also provide examples from the development of Bulgarian criminal law, which often included provisions criminalising sexual contacts between individuals of the same sex.
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Liebrenz, Boris. "The Social History of Surgery in Ottoman Syria." Turkish Historical Review 5, no. 1 (2014): 32–58. http://dx.doi.org/10.1163/18775462-00501006.
Full textAbstract:
Little is known about the role of surgery in pre-modern medical practice in general, and in the lands under Muslim dominance in particular. There is an acknowledged gap between theoretical knowledge and medical practice, but evidence of the latter is difficult to find. Many fundamental questions therefore remain unanswered. For example, was there a division of labour between surgeons and physicians? We are also mostly ignorant about who practiced surgery, the legal context surrounding this practice, and its financial aspects. This article offers an analytical edition of two documents from the Syrian town Hamah dating from 1212/1798, which can help answer some of these questions. They concern a respected and learned physician who also personally performed the removal of bladder stones and was paid well for his services.
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Coşgel, Metin M., Boǧaç Ergene, Haggay Etkes, and Thomas J. Miceli. "Crime and Punishment in Ottoman Times: Corruption and Fines." Journal of Interdisciplinary History 43, no. 3 (2012): 353–76. http://dx.doi.org/10.1162/jinh_a_00422.
Full textAbstract:
Ruling for more than six centuries over lands that spanned three continents, the Ottomans developed a system of law enforcement that initially relied on fines collected by local agents. In the sixteenth century, much of the revenue from these fines went to the local officials in charge of identifying suspects and punishing criminals. To prevent corruption, the personnel responsible for adjudicating criminals were not also responsible for punishing them; public officials were periodically rotated between regions; and law-enforcement agents' compensation derived from criminal fines as well as local taxes. After the seventeenth century, high levels of inflation, imperial decentralization in the provinces, and the institution of long-term tax farming altered the government's relationship with local law-enforcement agents, thereby reducing the effectiveness of mechanisms that previously helped to control corruption. These developments impelled the Ottomans to decrease their reliance on fines for punishment in later periods.