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.




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.




Legislating Authority


Book Description

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




Minorities and Nationalism in Turkish Law


Book Description

Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.




Ottoman Rule of Law and the Modern Political Trial


Book Description

In 1876, a recently dethroned sultan, Abdülaziz, was found dead in his cham- bers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the defendants was the world-famous statesman former Grand Vizier and reformer Ahmed Midhat Pasa, a political foe of the autocratic sultan Abdülhamit II, who succeeded Abdülaziz and ruled the empire for thirty-three years. The alleged murder of the former sultan and the trial that ensued were political dramas that captivated audiences both domestically and internationally. The high-profile personalities involved, the international politics at stake, and the intense newspaper coverage all rendered the trial an historic event, but the question of whether the sultan was murdered or committed suicide remains a mystery that continues to be relevant in Turkey today. Drawing upon a wide range of narrative and archival sources, Rubin explores the famous yet understudied trial and its representations in contemporary public discourse and subsequent historiography. Through the reconstruction and analysis of various aspects of the trial, Rubin identifies the emergence of a new culture of legalism that sustained the first modern political trial in the history of the Middle East.




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.




Morality Tales


Book Description

Leslie Peirce uses the experience of a village in 16th century Anatolia as a lens to reinterpret major themes in the history of the Ottoman Empire: the conflict between the expanding Ottoman and declining Persian empires, the place of women in Ottoman society, and the clash between Sunni and Shi'a Islam.




Judgment At Istanbul


Book Description

Turkey’s bid to join the European Union has lent new urgency to the issue of the Armenian Genocide as differing interpretations of the genocide are proving to be a major reason for the delay of the its accession. This book provides vital background information and is a prime source of legal evidence and authentic Turkish eyewitness testimony of the intent and the crime of genocide against the Armenians. After a long and painstaking effort, the authors, one an Armenian, the other a Turk, generally recognized as the foremost experts on the Armenian Genocide, have prepared a new, authoritative translation and detailed analysis of the Takvim-i Vekâyi, the official Ottoman Government record of the Turkish Military Tribunals concerning the crimes committed against the Armenians during World War I. The authors have compiled the documentation of the trial proceedings for the first time in English and situated them within their historical and legal context. These documents show that Wartime Cabinet ministers, Young Turk party leaders, and a number of others inculpated in these crimes were court-martialed by the Turkish Military Tribunals in the years immediately following World War I. Most were found guilty and received sentences ranging from prison with hard labor to death. In remarkable contrast to Nuremberg, the Turkish Military Tribunals were conducted solely on the basis of existing Ottoman domestic penal codes. This substitution of a national for an international criminal court stands in history as a unique initiative of national self-condemnation. This compilation is significantly enhanced by an extensive analysis of the historical background, political nature and legal implications of the criminal prosecution of the twentieth century’s first state-sponsored crime of genocide.




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.




Islamic Law and Empire in Ottoman Cairo


Book Description

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