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Judicial Biases in Ottoman Istanbul

Judicial Biases in Ottoman Istanbul
Author: Timur Kuran
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

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The transition to impersonal exchange and modern economic growth has depended on the emergence of courts that enforce contracts efficiently. This paper shows that Islamic courts of the Ottoman Empire exhibited biases that would have limited the expansion of exchanges in the Eastern Mediterranean, particularly those between Muslims and non-Muslims. It thus explains why economic modernization in the Middle East required the establishment of secular courts. In quantifying Ottoman judicial biases, the paper also discredits the view that these courts treated Christians and Jews fairly as well as the counter-view that they ruled against non-Muslims disproportionately. Biases against non-Muslims were in fact institutionalized. By the same token, non-Muslims did relatively well in adjudicated interfaith disputes, because they settled most conflicts out of court in anticipation of judicial biases. Islamic courts also appear to have exhibited biases in favor of state officials. The paper thus refutes the Islamist claim that reinstituting Islamic law (sharia) would be economically beneficial.


Law and Legality in the Ottoman Empire and Republic of Turkey

Law and Legality in the Ottoman Empire and Republic of Turkey
Author: Kent F. Schull
Publisher: Indiana University Press
Total Pages: 216
Release: 2016-01-07
Genre: History
ISBN: 0253021006

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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.


Breaching the Bronze Wall

Breaching the Bronze Wall
Author: Francisco Apellániz
Publisher: Mediterranean Reconfigurations
Total Pages: 332
Release: 2020
Genre: History
ISBN: 9789004382749

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Producing, handling and archiving evidence in Mediterranean societies -- 'Men like the Franks' : dealing with diversity in Medieval norms and courts -- Ottoman legal attitudes towards diversity.


The Economics of Ottoman Justice

The Economics of Ottoman Justice
Author: Metin Coşgel
Publisher: Cambridge University Press
Total Pages: 365
Release: 2016-10-27
Genre: History
ISBN: 1107157633

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A systematic analysis of legal practice in a sharia court in the Ottoman Empire during the seventeenth and eighteenth centuries.


Ottoman Notables and Participatory Politics

Ottoman Notables and Participatory Politics
Author: John Bragg
Publisher: Routledge
Total Pages: 304
Release: 2014-04-16
Genre: History
ISBN: 1317701445

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Focussing on events in the Anatolian town of Tokat during the final two decades of the great Ottoman legal and administrative reforms known as the Tanzimat (1839-76), this book applies elements of social networking theory to analyze and assess the establishment of local governments across the Middle East. The author’s key finding is that the state’s efforts to centralize authority succeeded only when and where locals acted as the primary agents of change. Independent notables, such as the military a‘yân, demanded wealth and state offices in exchange for meting out reform measures according to local idioms of power. Newly created administrative bodies also offered greater social mobility to a growing multiconfessional middle-class in small towns like Tokat. The state was desparate to reform, but opportunistic provincials were eager to have it only on their own terms. Challenging false assumptions about the limited scope of participatory politics in the Middle East during the nineteenth century, Ottoman Notables and Participatory Politics will be of interest to students and scholars of Political Economy, History and Middle East Studies.


A History of Muslims, Christians, and Jews in the Middle East

A History of Muslims, Christians, and Jews in the Middle East
Author: Heather J. Sharkey
Publisher: Cambridge University Press
Total Pages: 399
Release: 2017-04-03
Genre: History
ISBN: 052176937X

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This book traces the history of conflict and contact between Muslims, Christians, and Jews in the Ottoman Middle East prior to 1914.


Spies, Scandals, and Sultans

Spies, Scandals, and Sultans
Author: Ibrāhīm Muwayliḥī
Publisher: Rowman & Littlefield
Total Pages: 202
Release: 2008
Genre: History
ISBN: 9780742562172

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This is an English translation of a critical portrait of the Ottoman capital of Istanbul during the days of the Sultan Abd al-Hamid.


Research Handbook on the History of Corporate and Company Law

Research Handbook on the History of Corporate and Company Law
Author: Harwell Wells
Publisher: Edward Elgar Publishing
Total Pages: 653
Release: 2018-02-23
Genre: Law
ISBN: 1784717665

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Understanding the corporation means understanding its legal framework, but until recently the origins and evolution of corporate law have received relatively little attention. The topical chapters featured in this Research Handbook, contributed by leading scholars from around the world, examine the historical development of corporation and business organization law in the Americas, Europe, and Asia from the ancient world to modern times, providing an invaluable resource for both further historical research and scholars seeking the origins of present-day issues.


The Late Ottoman Empire and Egypt

The Late Ottoman Empire and Egypt
Author: Elizabeth H Shlala
Publisher: Routledge
Total Pages: 232
Release: 2017-07-31
Genre: History
ISBN: 1351859552

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Law and identification transgressed political boundaries in the nineteenth-century Levant. Over the course of the century, Italo-Levantines- elite and common- exercised a strategy of resilient hybridity whereby an unintentional form of legal imperialism took root in Egypt. This book contributes to a vibrant strand of global legal history that places law and other social structures at the heart of competing imperial projects- British, Ottoman, Egyptian, and Italian among them. Analysis of the Italian consular and mixed court cases, and diplomatic records, in Egypt and Istanbul reveals the complexity of shifting identifications and judicial reform in two parts of the interactive and competitive plural legal regime. The rich court records show that binary relational categories fail to capture the complexity of the daily lives of the residents and courts of the late Ottoman empire. Over time and acting in their own self-interests, these actors exploited the plural legal regime. Case studies in both Egypt and Istanbul explore how identification developed as a legal form of property itself. Whereas the classical literature emphasized external state power politics, this book builds upon new work in the field that shows the interaction of external and internal power struggles throughout the region led to assorted forms of confrontation, collaboration, and negotiation in the region. It will be of interest to students, scholars, and readers of Middle East, Ottoman, and Mediterranean history. It will also appeal to anyone wanting to know more about cultural history in the nineteenth century, and the historical roots of contemporary global debates on law, migration, and identities.


Faithful Encounters

Faithful Encounters
Author: Emrah Şahin
Publisher: McGill-Queen's Press - MQUP
Total Pages:
Release: 2018-10-31
Genre: History
ISBN: 0773555501

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By the early twentieth century, there were close to two hundred American missionaries working in the Middle East and Eastern Europe. They came in droves as early as 1830, organizing hundreds of schools, hospitals, printing presses, and seminaries. Until now, the missionaries' sources and perspectives have dominated discussions of this moment in history, but the experiences of the Ottoman authorities are just as, if not more, revealing of an increasingly tense relationship between Christianity and Islam. An enthralling narrative of how locals made sense of American religious activity in the Ottoman Empire, Faithful Encounters examines the relationships between the authorities who managed the empire from the capital city of Istanbul, provincial agents who carried out the capital's orders, and the missionaries who engaged with them. Exploring a wide range of untapped sources – from imperial ministries, security forces, and local petitions to international reports and missionary collections – Emrah Sahin traces the interactions of the Ottoman authorities, focusing on the viewpoints and manoeuvres they adopted to monitor and conquer the missionary presence at a time of turbulent public and political upheaval. Offering a comparative context from which to reconsider recent cultural relations in the region, Faithful Encounters is not only a history of Christian and Muslim relations. It is a lesson about a failing mission in a failing empire, with stunning relevance to the looming religious and ethnic crises of today.