Law and Legality in the Ottoman Empire and Republic of Turkey


Book Description

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.







Studies on legal relations between the Ottoman Empire/ the Republic of Turkey and Hungary, Cyprus, and Macedonia


Book Description

Prof. Gábor Hamza contriƯbutes to the underƯstanƯding of the history of civil law, the diffeƯrent codiƯfiƯcaƯtion processes and its cross-border influƯence. CompaƯraƯtive legal studies, such as his, are not only invaƯluable for fathoƯming the various ways in which society can exist, but also pave the way for future legal experts to one day achieve the long desired co-exisƯtence and mutual respect between diffeƯrenƯcing cultures and reliƯgions. Cultural and reliƯgious diverƯsity is a safeƯguard against the so called 'clash of civiƯlizaƯtions', which seems to be such a problem nowaƯdays. A settled, law-abiding popuƯlaƯtion in every multi-ethnic country underƯmines the view that a place 'belongs' to just one faith or culture. The first step is to underƯstand the roots of our diverƯsity, upon which the founƯdaƯtions of society and its legal system rest. This anthoƯlogy gives us a little glance at this kind of compaƯraƯtive analysis, and enables the underƯstanƯding of how Western EuroƯpean legal deveƯlopƯment has influƯenced the legisƯlaƯtion of the Ottoman Empire and nearby terriƯtoƯries such as Cyprus and MaceƯdonia. The author also introƯduces us to the excepƯtional oeuvre of András Bertalan Schwarz, another speciaƯlist in Turkish-HungaƯrian legal relaƯtiƯonship.







Ottoman and Turkish Law


Book Description

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 ztrk 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 ztrk 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.




The Subjects of Ottoman International Law


Book Description

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.




Ottoman Law of War and Peace


Book Description

Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of war and peace, focusing on the legal and political methods applied to extend the pax ottomanica system over Wallachia, Moldavia and Transylvania.




Legislating Authority


Book Description

Legislation Authority addresses issues of law, state violence, and state authority within the Ottoman and Turkish context.




Legal Pluralism and Empires, 1500-1850


Book Description

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.




The Capitulations and the Ottoman Legal System


Book Description

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.