The Capitulations And The Ottoman Legal System
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The Capitulations And The Ottoman Legal System
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Author : Maurits van den Boogert
language : en
Publisher: BRILL
Release Date : 2020-11-23
The Capitulations And The Ottoman Legal System written by Maurits van den Boogert and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-23 with Law categories.
This study sheds new light on the legal position of Westerners and their Ottoman protégés (berātlıs) by investigating the dynamic relations between Islamic judges and foreign consuls in the Ottoman Empire, providing detailed case studies and critical analyses of theory, perception, and practice.
Law And Legality In The Ottoman Empire And Republic Of Turkey
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Author : Kent F. Schull
language : en
Publisher: Indiana University Press
Release Date : 2016-01-07
Law And Legality In The Ottoman Empire And Republic Of Turkey written by Kent F. Schull and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-07 with History categories.
The editors of this volume have gathered leading scholars on the Ottoman Empire and the Republic of Turkey to chronologically examine the sweep and variety of sociolegal projects being carried in the region. These efforts intersect issues of property, gender, legal literacy, the demarcation of village boundaries, the codification of Islamic law, economic liberalism, crime and punishment, and refugee rights across the empire and the Aegean region of the Turkish Republic.
Ottoman And Turkish Law
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Author : Fatih Öztürk
language : en
Publisher: iUniverse
Release Date : 2014
Ottoman And Turkish Law written by Fatih Öztürk and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
For the last two centuries, Turkish residents have been dreaming of the realization of the rule of law. Through a collection of essays, Ottoman and Turkish Law explores this dream and shows that when Turks and their state start to believe law is above all, change will occur. In these essays, author Fatih Öztürk provides unique perspectives on why Turkey, in the aftermath of Ottoman decline, requires a closer examination of its practices under the modern rule of law. Compiled and evaluated while Öztürk was living in Ireland, the articles, written from a constitutional law point of view, revolve around the question of how fundamental rights in a liberal democracy can be protected. Furthering the goal of achieving greater protection of human rights in modern democracies, Ottoman and Turkish Law approaches the rule of law from the international perspective. It draws attention to the inability of the Turkish legal system to rid itself of arcane and outdated legal interpretations, practices, and traditions. It provides impetus for Turkey to move toward a more thorough, modern, and socially as well as historically relevant approach.
Islamic Law And Empire In Ottoman Cairo
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Author : James E. Baldwin
language : en
Publisher: Edinburgh University Press
Release Date : 2016-12-05
Islamic Law And Empire In Ottoman Cairo written by James E. Baldwin and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Social Science categories.
A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents
Ottoman History Misperceptions And Truths
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Author : Ahmed Akgunduz
language : en
Publisher: IUR Press
Release Date : 2011-01-01
Ottoman History Misperceptions And Truths written by Ahmed Akgunduz and has been published by IUR Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Religion categories.
This book was first published in Turkish under the title Bilinmeyen Osmanlı, co-authored by Prof. Dr. Said Öztürk, and 250,000 copies were printed. I answered 290 questions whereas Öztürk answered 13 in total. He collaborated regarding source details and references as well as tirelessly proofreading and editing the book. In addition, this book was later translated into Arabic; the first edition was published by Osmanlı Araştirmalari Vakfi (OSAV), Istanbul, and the second will be published by Dār al-Shouroq in Cairo. The English version of this book has almost become a separate work from the aforementioned versions. Although the main part was translated into English by Ismail Ercan, the book needed a number of improvements and rewriting of some articles after referring to Western sources on the various subjects. Hence, I changed the title as well as the format of the book mainly for this reason. But I have indicated which articles were written by Prof. Öztürk. As preparation for this book, the questions it deals with have been discussed in academic research ever since 1983, and, in addition, hundreds of conferences have been held throughout Anatolia. As a result, over 5000 questions have accumulated in our “question desk,” submitted in written form by both readers and listeners. For example, the issue of ḥarem comes first, with 503 questions. The issue of whether the Ottoman Sulṭāns, particularly Bayezid the Thunderbolt, drank alcohol ranked second, with 276 questions. These were followed by such questions as fratricide rights and freedoms in the Ottoman state, the issue of the Sulṭāns going on pilgrimage, if Sulṭān Waḥīduddin was a traitor, etc. Needless to say, we have been inspired by similar research done in this field. This book will consist of four parts. In Part One we will deal with weighty questions on the political history of the Ottoman state and the replies to them. However, such questions are most frequently asked about each Sulṭān – even if they are related to law or economics. For instance, we will not ignore the issue of fratricide in his law when discussing Meḥmed the Conqueror and the charges of the genocide of the Kurds when it comes to Selim the Excellent. In Part Two we will deal with the questions on social life in the Ottoman state and the ḥarem. In Part Three we will look at those issues regarding the Ottoman legislative system and the organization of the state. In Part Four we will answer some questions about the economy and financial law of the Ottoman state. Unfortunately, we will not deal with all the questions we have received in all the aforesaid fields owing to insufficient space. Yet it is our view that if something cannot be achieved completely, we should not give up entirely and resign ourselves to what has been done. There are 307 differents subjects in this book; some of them as below: - War (jihād) in the Ottoman state and the legal principles of the policy of conquest in the Ottoman state - The Devşirme (Conscription) System - The allegations that the Ottoman state adhered to the Bektaşi and Aleviyye traditions during the years of its foundation until Sulṭān Selim the Excellent and that the Abdalan-ı Rum consisted of Bektaşi Babas and Alevi Dedes. - On rumors that some Ottoman Sulṭāns were addicted to alcohol and even held illegitimate carousals at the Palace. - The legality of fratricide in the Ottoman state and some claims by some historians regarding savagery and massacre for the sake of claiming the Sultanat. - There are claims that Sulṭān Meḥmed the Conqueror was sympathetic toward Christianity and corresponded with the Pope. - On the Ottoman State offering assistance to the Andalusian state that was destroyed in 1492. - Ottoman Harem. - Ottoman legal codes. - Ottoman legal system and Islamic law. - Which events sowed the seeds of hatred between Arabs and Turks, both of whom are Muslims? - The reasons for the decline and fall of the Ottoman State. - The capitulations as one reason for terminating the Ottoman State.
The Subjects Of Ottoman International Law
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Author : Lâle Can
language : en
Publisher: Indiana University Press
Release Date : 2020-10-13
The Subjects Of Ottoman International Law written by Lâle Can and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-13 with History categories.
The core of this edited volume originates from a special issue of the Journal of the Ottoman and Turkish Studies Association (JOTSA) that goes well beyond the special issue to incorporate the stimulating discussions and insights of two Middle East Studies Association conference roundtables and the important work of additional scholars in order to create a state-of-the-field volume on Ottoman sociolegal studies, particularly regarding Ottoman international law from the eighteenth century to the end of the empire. It makes several important contributions to Ottoman and Turkish studies, namely, by introducing these disciplines to the broader fields of trans-imperial studies, comparative international law, and legal history. Combining the best practices of diplomatic history and history from below to integrate the Ottoman Empire and its subjects into the broader debates of the nineteenth-century trans-imperial history this unique volume represents the exciting work and cutting-edge scholarship on these topics that will continue to shape the field in years to come.
Breaching The Bronze Wall Franks At Mamluk And Ottoman Courts And Markets
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Author : Francisco Apellániz
language : en
Publisher: BRILL
Release Date : 2020-08-03
Breaching The Bronze Wall Franks At Mamluk And Ottoman Courts And Markets written by Francisco Apellániz and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-03 with History categories.
Breaching the Bronze Wall deals with the idea that the words of honorable Muslims constitutes proof and that written documents and the words of non-Muslims are of inferior value. Thus, foreign merchants in cities such as Istanbul, Damascus or Alexandria could barely prove any claim, as neither their contracts nor their words were of any value if countered by Muslims. Francisco Apellániz explores how both groups labored to overcome the ‘biases against non-Muslims’ in Mamlūk Egypt’s and Syria’s courts and markets (14th-15th c.) and how the Ottoman conquest (1517) imposed a new, orthodox view on the problem. The book slips into the Middle Eastern archive and the Ottoman Dīvān, and scrutinizes sharīʿa’s intricacies and their handling by consuls, dragomans, qaḍīs and other legal actors.
Forms And Institutions Of Justice
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Author : Collectif
language : en
Publisher: Institut français d’études anatoliennes
Release Date : 2018-11-20
Forms And Institutions Of Justice written by Collectif and has been published by Institut français d’études anatoliennes this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-20 with History categories.
The articles forming the present volume aim to contribute to the rich and evolving historiography on the multiplicity of the actors and the institutions of Ottoman legal system. As the title of the volume suggests, “forms” and “institutions” of justice are a common thread in the contributions. Each article concentrates on a specific historical moment and context in order to chart the articulation of different forms of Ottoman justice. This volume has emerged as an outcome of a workshop organized at the French Institute of Anatolian Studies (IFEA) on January 6-7, 2012, in Istanbul. At the outset we grappled with the following question: What were the multiple actors and normative sources that enabled the historians to talk about ‘justice’ across different cultural and historical geographies under the rule of the Ottoman dynasty? Our concern was in part to question the unitary conception of an ‘Ottoman Justice’ and the legal and procedural dominance accorded the kadi in Ottoman historiography.
Legal Imperialism
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Author : Turan Kayaoğlu
language : en
Publisher: Cambridge University Press
Release Date : 2010-04-19
Legal Imperialism written by Turan Kayaoğlu and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-19 with Law categories.
Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic coutries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. He also provides an explanation for the end of imperial extraterritoriality, arguing that the Western decision to abolish their separate legal systems stemmed from changes in non-Western territories, including Meiji legal reforms, Republican Turkey's legal transformation under Ataturk, and the Guomindang's legal reorganization in China. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.
Legal Pluralism And Empires 1500 1850
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Author : Lauren Benton
language : en
Publisher: NYU Press
Release Date : 2013-07-22
Legal Pluralism And Empires 1500 1850 written by Lauren Benton and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-22 with Law categories.
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.